Judge seeks to join COI judicial review proceedings
High Court Judge Justice Dane Tuiqereqere said he was prepared to consider the application even though no supporting affidavit had been filed.
Wednesday 11 March 2026 | 19:00
Supreme Court Judge Justice Ashton Lewis has applied to join the judicial review proceedings challenging the Commission of Inquiry (COI) report.
The judicial review cases were filed by Barbara Malimali, Wylie Clarke, Laurel Vaurasi and Graham Leung, who are seeking to have the COI report quashed.
Justice Lewis’s application to intervene was heard yesterday afternoon. His lawyer, Hemendra Nagin, told the court that allegations had been made against Justice Lewis in the proceedings and he should be allowed to respond.
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High Court Judge Justice Dane Tuiqereqere said he was prepared to consider the application even though no supporting affidavit had been filed.
Justice Tuiqereqere said he was willing to hear the application given the multiple allegations made against Justice Lewis.
However, the respondents objected, saying they did not know the relevance of Justice Lewis’s involvement in the matter.
Lawyer Richard Naidu, representing Mr Clarke and Ms Vaurasi, told the court that Mr Nagin must clearly outline Justice Lewis’s interest in the proceedings, noting that the report, although compiled by him, was not before the President.
Following discussions, the court set a timetable for the filing of documents.
Mr Nagin has been directed to file an affidavit supporting the intervention application by next Wednesday, while the respondents have until March 25 to respond.
The court will hear the application on April 9, a day before the hearing of the substantive judicial review matter.
Mr Nagin was also ordered to file Justice Lewis’s affidavit relating to the substantive proceedings by March 30.
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