Mason slams FLS president’s remarks as ‘outrageous’

The Commission of Inquiry Report against Fiji Independent Commission Against Corruption (FICAC) commissioner, Barbara Malimali, who was suspended last week, continues to gain attention.

This time from the Counsel Assisting the Commission of Inquiry, Janet Mason, who strongly hit out against comments made by the Fiji Law Society (FLS) president, Wylie Clarke, on the CoI Report, labelling them as “outrageous.”

Ms Mason said for the head of Fiji’s legal fraternity to make statements questioning the credibility of the CoI and the decisions undertaken by the Prime Minister and President was uncalled for.

Ms Mason outlined two comments made by Mr Clarke, which she referred to as glaring errors that needed correction.

“The CoI is a judicial proceeding. Has anyone ever heard of a judge releasing a draft copy of their decision for the parties to the proceedings to comment, not just on any factual findings, but about any adverse findings against one of the parties? I’m just so surprised that this would be coming from the president of the law society,” Ms Mason said.

“Evidence is called; witnesses are questioned. The rules of natural justice apply. The judge has a lot of discretion, but it is the judge who then writes his or her report, and the parties should never be entitled to see a draft of that and comment on any adverse findings against them. It completely goes against the way any judicial proceedings are heard anywhere in the world.”

Ms Mason said for Mr Clarke to also say that only the Judicial Services Commission (JSC) had the power to discipline Barbara Malimali as stated by the opinion of Professor Philip Joseph, the Kings Counsel brought by the CoI to provide a legal opinion, was incorrect.

“The opinion of Professor Philip is contrary to statement made by Mr Clarke. It shows that Mr Clarke hasn’t read the full opinion provided by Professor Philip,” she said.

“The Prime Minister and President are acting consistently with the opinion of Professor Philip Josephs.”

Ms Mason reiterated that the idea that only the JSC could make disciplinary and appointment decisions in relation to the appointment of the commissioner was not correct.

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