Court to rule on release of COI transcripts in Malimali case today

The High Court in Suva is expected to rule today on whether transcripts from the Commission of Inquiry (COI) into the appointment of Barbara Malimali as Fiji Independent Commission Against Corruption (FICAC) Commissioner should be disclosed in ongoing civil proceedings.

Three applicants who have filed civil proceedings challenging the COI report have requested access to the full transcripts as they prepare for trial next month.

The transcripts contain statements from about 32 witnesses who testified during the inquiry into Ms Malimali’s appointment.

During submissions yesterday, lawyer Richard Naidu, representing Fiji Law Society president Wylie Clarke and her predecessor Laurel Vaurasi, argued the State’s position against disclosure was flawed.

He said providing the transcripts would mean submitting them to the court as evidence, not making them public.

Mr Naidu also argued that a confidentiality directive issued by the President did not prevent the High Court from reviewing the material.

He told the court that the applicants had already received daily transcripts during the inquiry, indicating the information had not been treated as strictly confidential.

Mr Naidu also rejected concerns that disclosure could affect criminal investigations, saying the Office of the Director of Public Prosecutions had already determined there was insufficient evidence to lay charges.

Lawyer Tanya Waqanika, representing Ms Malimali, supported the application and said access to the transcripts was justified given the inquiry resulted in the dismissal of senior officials, including her client and Graham Leung.

However, Geraldine Naigulevu, representing the Attorney-General’s Office, objected to the request.

She told the court that under Section 2 of the Commissions of Inquiry Act, the findings of the inquiry must only be disclosed to the President.

Ms Naigulevu said the State had no intention of undermining the court but was bound by the law.

During the hearing, Justice Dane Tuiqereqere questioned how the court could properly consider the case without access to the transcripts.

“The cat is already out of the bag and media reports have already been run,” he said.

“How can I do my job if I don’t have the transcripts?”

Justice Tuiqereqere also noted concerns raised about the inquiry process, including claims that some witnesses were allowed to testify while others were not.

In response, Ms Naigulevu argued that allowing disclosure could set a precedent for inquiry reports to be widely distributed.

She also submitted that the application was inconsistent with the judicial review proceedings and that many witnesses were not directly relevant to the case.

The trial is scheduled to run from April 10 to April 12.