PM Rabuka to appeal High Court ruling in Malimali case

Prime Minister Sitiveni Rabuka has accepted the High Court's dismissal of his application for a stay in the Barbara Malimali case and says he will take the matter to the Court of Appeal.

“I accept, and will just go to the next stage, Court of Appeal,” Mr Rabuka told the Fiji Sun yesterday.

His comments came after Justice Dane Tuiqereqere dismissed the application, ruling that the High Court did not have the legal authority to stay a declaratory order.

Malimali’s lawyer, Tanya Waqanika, said her legal team was confident of defending the matter in the Court of Appeal.

Speaking outside the High Court in Suva, Ms Waqanika described the ruling as a positive outcome and confirmed the case had concluded at the High Court level.

Justice Tuiqereqere’s February 2 ruling found that the Judicial Services Commission (JSC), not the Prime Minister, holds the constitutional authority to advise the President on the removal of the Fiji Independent Commission Against Corruption (FICAC) Commissioner.

Ms Malimali was removed from office in June last year following advice from the Prime Minister to the President after a Commission of Inquiry examined her appointment.

The matter will now proceed to the Court of Appeal, where a hearing date has yet to be set.