Fiji Prime Minister Sitiveni Rabuka is leaving the Government’s next move in the Barbara Malimali case to his legal advisers, while refusing to concede that the latest court ruling means the former Fiji Independent Commission Against Corruption (FICAC) Commissioner has won.
Rabuka said he had yet to form a final view on High Court judge Justice Dane Tuiqereqere’s 153-page ruling, which declared the Commission of Inquiry (CoI) report null and void and quashed adverse findings against the applicants.
“I have not made up my opinion. I’m waiting for my counsel to read the 153 pages,” he said when asked whether the Government would appeal.
The ruling also found that President Ratu Naiqama Lalabalavu and Mr Rabuka had failed to afford the applicants natural justice.
The Prime Minister’s comments come amid renewed questions over remarks he made earlier in February, when he said he was considering resigning if the appeal process in the earlier Malimali case failed.
That statement was made after the High Court ruled that Malimali’s removal as FICAC Commissioner was unlawful, amid calls for Rabuka to step down.
Asked whether he would still resign following last Friday’s ruling, Rabuka challenged the suggestion that Malimali and the other applicants had won the case.
“Have they won the case?” he asked.
When told they had, he replied: “No, they have not.
Read the report again.”
Meanwhile, Prime Minister Sitiveni Rabuka has rejected claims that the Commission of Inquiry (CoI) was a waste of public funds after the High Court last week declared its report “null and void”.
Rabuka said the 153-page judgment should be read in full before conclusions were made about the inquiry.
“No, it was not a waste of money,” Mr Rabuka said.
He questioned whether those criticising the inquiry had examined the court’s findings on former FICAC Commissioner Barbara Malimali and other matters addressed in the judgment.
Justice Dane Tuiqereqere ruled that the CoI report was null and void and quashed adverse findings after finding them irrational.
The court also found that President Ratu Naiqama Lalabalavu and Prime Minister Rabuka had failed to provide the applicants with natural justice.
The CoI was established to examine issues surrounding the appointment of Malimali as FICAC Commissioner and subsequent events linked to her appointment and removal.
Its findings became the subject of legal challenges, culminating in last week’s High Court ruling.
The case has also carried political consequences for Rabuka.
In another development, Opposition Leader Inia Seruiratu has expressed his frustration and concerns following the High Court ruling that nullified the Commission of Inquiry report.
Seruiratu said a significant amount of public money was spent on the Commission and noted that those affected by the findings may pursue the matter through the judicial system.
On 03 February Rabuka said he was considering resigning if the appeal process in the Malimali case failed. This followed an earlier court ruling that found Malimali’s removal as FICAC Commissioner was unlawful
The latest ruling has placed fresh political and legal pressure on the Government, particularly over the process followed in dealing with Malimali and the subsequent Commission of Inquiry.
