Judge warns lawyers over King’s counsel plans

A hearing date has been set for the application filed by former Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali, Fiji Law Society President Wylie Clarke, principal lawyer at Shekinah Law Laurel Vaurasi, and former Attorney-General Graham Leung, seeking leave to file a judicial review.

In these separate applications, all applicants are seeking the removal of the Commission of Inquiry (CoI) Report, which implicated them in the appointment of Ms Malimali.

High Court Judge Justice Dane Tuiqereqere presided over all cases this morning and issued a timeline for filings.

Lawyers Krisheel Chang (representing Mr Clarke and Ms Vaurasi) and Seforan Fatiaki (representing Mr Leung) informed the court that they intend to engage a King’s Counsel for the hearing.

Justice Tuiqereqere noted that while he did not find that particularly helpful, he would allow time for arrangements. He warned that the absence of the King’s Counsel would not affect the hearing, which would proceed regardless.

“If he doesn’t make it, then bad luck for you,” Justice Tuiqereqere said.

In Ms Malimali’s case, Deputy Solicitor General Eliesa Tuiloma requested 28 days to file an affidavit in opposition, stating that the issues raised required thorough investigation before finalisation.

Principal lawyer Tanya Waqanika of Waqanika Law is representing Ms Malimali.

The State has until November 14 to file its affidavit in opposition. The applicants will then have 14 days to file their reply.

Submissions supporting the various arguments must be filed by December 5, ahead of the hearing scheduled for December 12.