Fiji Labour Party backs appeal of COI judgment

The Fiji Labour Party (FLP) has backed Prime Minister Sitiveni Rabuka’s decision to appeal the High Court judgment declaring the Commission of Inquiry (COI) report into Barbara Malimali’s appointment as Fiji Independent Commission Against Corruption (FICAC) Commissioner null and void.

FLP leader Mahendra Chaudhry said that while the High Court identified procedural and legal flaws in the inquiry, its judgment did not remove the serious concerns that led to the establishment of the COI.

“The issues surrounding Ms Malimali's appointment, allegations of improper influence, and concerns about the integrity of public institutions remain matters of public importance,” Mr Chaudhry said.

He said several aspects of the judgment should be tested on appeal to provide clarity on the law governing commissions of inquiry.

Labour questions scope of ruling

The FLP said the appeal should test the finding that the Commission could not be lawfully extended and the conclusion that events following Ms Malimali’s appointment fell outside the scope of the inquiry.

It also wants clarification on the requirement for affected people to be given draft findings before a report is released.

The party said the findings of irrationality and apparent bias against the Commissioner should also be tested, along with the High Court’s decision to declare the entire report null and void rather than remove only findings found to be defective.

Mr Chaudhry acknowledged the importance of natural justice, saying people must know the case against them and have a fair opportunity to respond.

However, he said whether natural justice also required draft findings to be provided before publication was an issue that should be clarified by a higher court.

“The appeal will help clarify important legal principles and ensure certainty for future commissions of inquiry,” he said.

The FLP said it remained committed to accountability, transparency, good governance and the rule of law.