Judicial Services Commission moves to quash COI findings

Principal lawyer Isireli Fa of Fa & Company says the Judicial Services Commission (JSC) has filed for judicial review seeking to quash the findings and recommendations of the Commission of Inquiry (COI) Report into the appointment of the Commissioner of the Fiji Independent Commission Against Corruption (FICAC).

The application for leave to review was lodged on Wednesday, September 17. The JSC is seeking an order of certiorari along with other declarations.

Mr Fa said the review raises serious issues with both the conduct of the COI and the basis of its findings, which the JSC believes are “inconsistent with the evidence that was before the Commission.”

“The JSC takes issue with the COI’s interpretation of Section 82 of the 2013 Constitution and Section 5(1) of the FICAC Act 2007,” he said.

Mr Fa described those interpretations as “perverse” and warned that if left uncorrected, they could interfere with the JSC’s constitutional role and lead to a “constitutional crisis in Fiji in the near future.”

Since the COI Report was made public, Mr Fa said its findings had been “weaponised against the JSC, its officers and others,” despite the fact that evidence presented before a Commission of Inquiry cannot, prima facie, be used in court proceedings.

“Criticism levelled against them has no merits and will be purged in these proceedings,” he said, adding that those politicising or weaponising the findings should desist or risk possible legal action.

Mr Fa confirmed that the relevant parties to the judicial review would be served shortly.