Rabuka seeks to dismiss Malimali’s court bid

Prime Minister Sitiveni Rabuka has taken legal steps to have the judicial review case filed by former Anti-Corruption head Barbara Malimali thrown out of court.

The application follows Ms Malimali’s initial Judicial Review filing, in which she is seeking compensation for what she claims was her unlawful dismissal in May this year.

Ms Malimali was subject to a Commission of Inquiry (CoI) that deemed her appointment unlawful.

This morning Mr Rabuka’s lawyer filed a striking out application with the Civil High Court in Suva, arguing that Ms Malimali’s case disclosed no reasonable cause of action and breached Section 11 of the Commission of Inquiry Act 1945.

In the application, Rabuka’s legal team argued that Ms Malimali relied on evidence from the CoI transcripts, specifically:

• Direct quotations from the CoI transcript
• Substantive references to evidence presented before the Commission
• References to the findings and conclusions of the CoI report

They contended that under Section 11 of the Act, “no evidence taken under this Act shall be admissible against any person in any civil or criminal proceeding whatsoever.”

The legal team argued that Ms Malimali’s case was fundamentally flawed and legally unsustainable.

Civil High Court Judge Justice Dane Tuiqereqere confirmed that Mr Rabuka’s application will be heard alongside Ms Malimali’s Judicial Review application.

Mr Rabuka’s lawyer, Simione Valenitabua, filed his application and submissions today. Other respondents have until December 5 to file their replies.

The hearing is scheduled for December 12.