PRIME Minister Sitiveni Rabuka is seriously considering appealing a High Court judgment that nullified the Commission of Inquiry (COI) report, saying any challenge would focus only on findings relating to his actions.
Mr Rabuka said his decision would depend on advice from his legal counsel.
Justice Dane Tuiqereqere found that Mr Rabuka, the President and the COI Commissioner had breached the principles of natural justice, ruling that people affected by adverse findings in the report should have been given an opportunity to respond before decisions were made based on those findings.
Mr Rabuka maintained that he had acted on legal advice after making recommendations following the COI.
He said the President had acted on his advice and that he accepted responsibility for his actions.
“The President only acts on advice, so the onus is on me, not him,” Mr Rabuka said.
He said the COI report and its recommendations were first provided to the President before being returned to him, after which he passed the recommendations to authorities empowered to bring charges.
Mr Rabuka said those facing charges would have an opportunity to defend themselves through the courts.
“I have no right to give any right to respond to anybody,” he said.
“I’m not investigating anyone.”
He said the charges were based on recommendations from COI Commissioner Justice David Ashton-Lewis and counsel assisting Janet Mason, and had been approved by legal officers from the Solicitor-General’s Office and the Attorney-General.
Mr Rabuka said the matter would proceed through the appeals process.
“At the end of it, there will be an appeal. It goes up to the Court of Appeals.”
He said the matter could ultimately reach the Supreme Court if he was dissatisfied with the outcome of the appeal.
