High Court to rule on COI representation

The High Court in Suva has scheduled a critical hearing for New Year’s Eve to resolve a deadlock in the legal battle between the Judicial Service Commission (JSC) and the State.

While the Judicial Service Commission (JSC) and the Government are discussing an out-of-court settlement, a new dispute has emerged over who actually represents the Commission of Inquiry (COI).

The Solicitor-General Ropate Green claims jurisdiction rests with the State, while Supreme Court Judge Justice David Ashton Lewis's legal team insists they remain the rightful representatives.

December 31 has been set for this hearing to consider submissions from the JSC, the Attorney-General’s Office, and Justice Lewis.

Justice Lewis’s lawyer, Hemendra Nagin, argued that he has represented the COI since the start of the proceedings.

However, Mr Green maintained that the compiled report is now before the President, meaning jurisdiction should rest with the State.

Earlier today, the JSC proceedings were stood down twice to allow for review and further discussion on a possible settlement between the JSC and the government.

The JSC had filed a suit against the COI, the Attorney-General’s Office and Justice Lewis, seeking the removal of the COI report into the appointment of former Fiji Independent Commission Against Corruption (FICAC) Commissioner, Barbara Malimali.

JSC lawyer Isireli Fa appeared for the civil proceedings alongside Mr Green and assisting lawyer Pauliasi Nawaikula.

Also present was Justice Lewis’s lawyer, Hemendra Nagin.

Before the adjournment, Mr Fa filed two applications: a Motion of Discontinuance and the terms of settlement.

The motion seeks to remove Justice Lewis from the proceedings. However, Mr Nagin argued that the A-G’s Office and the JSC could not settle the matter without his client’s involvement.

He told the court that although the President established the Commission, it was Justice Lewis who led the inquiry and produced the report.