Malimali Challenges Termination

A hearing date has been set for the legal motion filed by sacked Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali, who is seeking leave to apply for a judicial review of her termination.

Ms Malimali appeared in court on Friday alongside her lawyers and lawyers from the Attorney-General’s Office before Judge Justice Dane Tuiqereqere at the High Court in Suva.

The case names the President of Fiji, Ratu Naiqama Lalabalavu, Prime Minister Sitiveni Rabuka, and the Attorney-General as respondents. Ms Malimali is challenging the decision to terminate her appointment, which was initiated on June 2.

The court will now proceed to determine whether leave will be granted for the judicial review to go ahead.

The case was initially scheduled to be heard before Judge Justice Chandana Lakshman. However, due to a conflict of interest involving some of Ms Malimali’s witnesses, Justice Lakshman recused himself from the matter.

Justice Tuiqereqere also declared a conflict of interest, stating he was a good friend of the husband of Ms Malimali’s lawyer, Tanya Waqanika. However, no objections were raised by either party, allowing the case to proceed.

During the proceedings, the lawyer appearing on the instructions of Ms Waqanika, Sidarth Nandan, sought to have the State’s Notice of Opposition removed given that it was filed out of time.

Deputy Solicitor-General, Eliesa Tuiloma tried to reason with the court saying they had trouble trying to reach the two heads of State.

Given this reasoning, the court has granted time for the State to file their Notice of Opposition after which seven days will be given to the Plaintiff to file their response.

The matter will be called again on July 14 when the hearing begins.

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