PM relied on King’s Counsel advice in Malimali decision, says minister

Prime Minister Sitiveni Rabuka relied on advice from King’s Counsel when advising President Ratu Naiqama Lalabalavu to remove Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC), Minister for Information Lynda Tabuya says.

Ms Tabuya said this was clear from the High Court judgment delivered by Justice Dane Tuiqereqere.

“It is very clear from the judgment of Justice Dane Tuiqereqere that the Prime Minister relied on two opinions from the King’s Counsel in New Zealand to make that decision, so it was certainly not made on its own,” she said.

“It was the advice that was received by the Prime Minister to act on, and that’s also the submissions that were made by the Solicitor-General to court, which of course the court did not accept.”

However, Ms Malimali’s lawyer Tanya Waqanika disputed that position, saying the King’s Counsel opinions were addressed to the Commission of Inquiry (CoI), not directly to the Prime Minister.

In a social media post yesterday, Ms Waqanika said the High Court ruling showed that the President’s and Prime Minister’s lawyers did not adopt the CoI’s interpretation of the King’s Counsel advice during the hearing.

Mr Rabuka told the media on Monday that he made the decision independently, consulting only with then Attorney-General Graham Leung.

However, Mr Leung responded yesterday, saying his recollection differed.

“The decision to dismiss Ms Malimali at the relevant time did not involve me personally, nor was it taken in consultation with me,” Mr Leung said.

On Monday, the High Court ruled that Mr Rabuka had no legal authority to advise the removal of Ms Malimali as FICAC commissioner, finding that only the Judicial Services Commission has the constitutional power to advise the President on such matters.