By Iliesa Tora of RNZ Pacific
The Fiji High Court has ruled that the Commission of Inquiry report into the appointment of Barbara Malimali as FICAC Commissioner, in its entirety, is null and void.
Justice Dane Tuiqereqere also found that the COI report was unlawful, and that its adverse findings were irrational and it has been quashed
It has also been found that President Ratu Naiqama Lalabalavu and Prime Minister Sitiveni Rabuka failed to provide the applicants with natural justice.
- READ MORE: Judge rules COI report is unlawful and null and void, and President, PM and COI breached principles of natural justice
- Other COI reports
Malimali challenged the report with former Attorney-General Graham Leung, and lawyers Wylie Clarke and Laurel Vaurasi.
Local media said the judge has determined that the President, the Prime Minister and the Commission of Inquiry, breached principles of natural justice for not giving the applicants the opportunity to respond to the adverse findings against them.
Fiji Village News said Justice Tuiqereqere ruled that the work of the Commission of Inquiry after 1 February 2025, including the report, is ultra vires or unlawful.
He found that the extension of the Commission of Inquiry beyond 31 January 2025 was ineffective.
As a result, the actions of the Commissioner after that date, including the completion of his report dated 1 May 2025, were unlawful, Fiji Village News stated.
Justice Tuiqereqere has also found that adverse findings and recommendations against the applicants including Malimali, former Attorney-General Graham Leung and lawyers Wylie Clarke and Laurel Vaurasi were unlawful, including those relating to a meeting at the FICAC office on 5 September 2024.
‘Praise God for the win’
The applicants had further challenged the decision by the President, on the advice of the Prime Minister, to release the Commission of Inquiry report publicly.
Malimali and her lawyer Tanya Waqanika are on the island of Kadavu and responded to the ruling in a Facebook post, saying justice had been served.
“Praise God for the win,” Waqanika said in her post.
“It has been a hard battle fighting to clear Barbara Malimali’s name from the COI taxpayer funded $4m (and counting) crocodile hunting failed expedition.
“Barbara Malimali and me are here in my village and we just received the news that we WON our HBJ No 9/26 Judicial Review case against the Fiji Government (well, all the Respondents names are Govt representatives).
The judge also said the COI Chair, David Ashton-Lewis, should have provided a draft of the adverse findings against the applicants to them and an opportunity to respond before compiling the report.
The Commission of Inquiry was the brainchild of Rabuka.
In June, the High Court rejected the Prime Minister’s attempt to stall its ruling that the country’s former anti-corruption chief was illegally sacked.
In February, Justice Dane Tuiqereqere found that the President — on the advice of the Prime Minister — “unlawfully” dismissed Barbara Malimali, the head of FICAC
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