THE “legal chaos” surrounding the COI Report is the result of the Government’s “late response”, says Opposition Leader Inia Seruiratu.
In a statement, he expressed deep concern at the ongoing crisis engulfing the judiciary and the State following the conclusion of the Commission of Inquiry (COI) into the appointment of Barbara Malimali as FICAC Commissioner.
He said this process had now descended into legal chaos because of Prime Minister Sitiveni Rabuka’s failure to act decisively.
“Despite the COI’s clear recommendations concerning the Chief Justice, the Prime Minister has failed to exercise his constitutional responsibility to advise the President to suspend the Chief Justice pending the outcome of appropriate processes,” Mr Seruiratu said.
“This inaction, in the face of serious findings, has allowed the situation to spiral into further legal challenges, including judicial review applications now before the High Court. What is most troubling is that taxpayers have already borne the burden of $2million to fund the Commission of Inquiry.”
Because of the Government’s inaction, Mr Seruiratu said more public money would be wasted defending the State in court against judicial review proceedings filed by the Fiji Law Society, the Judicial Services Commission, former Attorney-General Graham Leung, and Barbara Malimali.
“This is a completely avoidable situation caused by the Government’s lack of resolve and leadership. The Prime Minister’s apparent lack of concern and inability to confront the seriousness of what is unfolding under his watch show weak and ineffective leadership.
“His reluctance to act has emboldened challenges to the COI’s work, undermined public confidence in the rule of law, and left the State entangled in costly legal battles of its own making.
“The Opposition is calling on the Prime Minister to show leadership and do what is necessary to uphold the integrity of the judicial system.
“Mr Rabuka did not respond to a request for his response to the statement, but in an earlier statement, he said Chief Justice Salesi Temo would be given the right of reply if allegations against him outlined in the COI Report came under police investigation.
“The allegations have not been forwarded to the police and FICAC,” he said at the time.
“It needs to go through the natural justice system where the allegations are made known to the Chief Justice and he is given time to respond.”
Mr Seruiratu said Mr Rabuka must summon the courage to “man up” to the President and recommend the immediate suspension of the Chief Justice, as contemplated by the Constitution and as recommended by the COI.
“Only by acting decisively can the Prime Minister restore confidence in the administration of justice and bring an end to the mess his inaction has created.”
“The people of Fiji deserve leadership that is decisive, principled, and committed to protecting the rule of law. Right now, they are getting none of that from this government.”
