Three of the four parties in a High Court matter linked to a public Commission of Inquiry have reached a settlement in principle, with only the formal terms and proposed court orders still to be finalised.
In these civil proceedings, the Judicial Services Commission (JSC) instituted judicial review proceedings against the Commission of Inquiry into the appointment of the FICAC Commissioner and the Attorney-General of Fiji and the third respondent, Justice David Ashton-Lewis, commissioner of the controversial inquiry. The JSC sought to quash the findings and recommendations of the COI into the appointment of Barbara Malimali as FICAC Commissioner
Solicitor-General Ropate Green confirmed in court yesterday that the formal terms of settlement were yet to be endorsed by the two parties he represents, the Commission of Inquiry and the A-G.
However, the issue of whether the settlement terms should be fully or partially sealed remains before the court.
Confidentiality was sought by lawyer Isireli Fa, who appeared for the JSC and Mr Green.
Justice Tuiqereqere told them that any order to seal the terms of settlement would require clear legal authority and proper justification, adding that at this stage, he was not convinced to grant the confidentiality application.
Lawyer Hemendra Nagin who represents Justice Ashton-Lewis who is not a party to the settlement, said he was unable to obtain instructions from his client on the issue, until he had seen the terms of settlement.
Mr Nagin said he would not share the document with any third party other than his client, but Justice Dane Tuiqereqere said it would not be disclosed to Mr Nagin until the confidentiality issue had been addressed and ruled upon.
Parties are to file written submissions setting out the orders sought to be confidential, including arguments on confidentiality and sealing, on or before May 7.
The matter will return on May 8.
