By Margot Staunton, RNZ Pacific senior reporter
The Fiji government looks set to pay around NZ$1.5 million in damages to the disgraced former head of the country’s anti-corruption agency FICAC.
The state is offering Barbara Malimali an out-of-court settlement after her lawyer lodged a judicial review of her sacking in the High Court in Suva.
Prime Minister Sitiveni Rabuka suspended Malimali from her role on May 29, following a damning Commission of Inquiry into her appointment.
Malimali was described as “universally corrupt” by Justice David Ashton-Lewis, the commissioner of the nine-week investigation, which involved 35 witnesses.
“She was a pawn in the hands of devious members of government, who wanted any allegations against them or other government members thrown out,” Ashton-Lewis told RNZ Pacific Waves earlier this month.
Tanya Waqanika, who acts for Malimali, told RNZ Pacific that her client was seeking a “substantial” payout for damages and unpaid dues.
Waqanika met lawyers from the Attorney-General’s Office in the capital, Suva, on Tuesday after earlier negotiations failed.
Expected to hear in writing
She declined to say exactly what was discussed, but said she expected to hear back in writing from the other party the same day.
A High Court judge has given the government until 3pm on Friday to reach a settlement, otherwise he will rule on the application on Monday.
“We’ll see what they come up with, that’s the beauty of negotiations, but NZ$1.5 million would be a good amount to play with after your career has been ruined,” Waqanika said.
“[Malimali’s] career spans over 27 years, but it is now down the drain thanks to Ashton-Lewis and the damage the inquiry report has done.”
She said Malimali also wanted a public apology, as she was being defamed every day in social media.
“I don’t expect we’ll get one out of Ashton-Lewis,” she said.
Adjournment sought
During a hearing in the High Court on Monday, lawyers for the state sought an adjournment to discuss a settlement with Waqanika.
However, she opposed this, saying that the government’s legal team had vast resources and they should have been prepared for the hearing.
Malimali filed a case against President Naiqama Lalabalavu, Rabuka and the Attorney-General on June 13 on the grounds that her suspension was unconstitutional.
Waqanika said the President suspended her on the advice of the Prime Minister instead of consulting the Judicial Services Commission.
Government lawyers approached Waqanika offering a compensation deal the same day she lodged a judicial review in the High Court.
This article is republished under a community partnership agreement with RNZ.
