JSC legal battle stood down as settlement talks begin

The Judicial Service Commission (JSC) proceedings have been stood down to allow for a review and further discussion on a progressive court settlement between the JSC and the government.

The matter, which was scheduled to be called this morning, was adjourned to 2pm.

In this case, the JSC filed a suit against the Commission of Inquiry (COI), the Attorney-General’s Office, and Supreme Court Judge Justice David Aston 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 this afternoon alongside Solicitor-General Ropate 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 of Discontinuance seeks to remove Justice Lewis from the proceedings.

However, Mr Nagin argued that the A-G’s Office and the JSC cannot 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.

Mr Fa and Mr Green were given time to discuss the settlement terms. The matter was stood down again at 2:30pm as discussions continued outside the courtroom.

The case is ongoing.