Fiji Chief Justice Slams COI Legal Advice As Money Wasted
- Chief Justice Temo addressed newly admitted lawyers regarding the appointment inquiry into former Fiji Independent Commission Against Corruption commissioner Barbara Malimali.
- The remarks follow a High Court judgment delivered by Justice Dane Tuiqereqere, which held that the President exceeded statutory powers under the Commission of Inquiry Act by attempting...
- Chief Justice Temo emphasized that accountability for such procedural defects rests entirely with the legal advisers rather than the public officials who rely on them.
Fiji Chief Justice Salesi Temo criticised the legal advice provided to President Ratu Naiqama Lalabalavu regarding the extension of a Commission of Inquiry, calling the resulting actions ultra vires and a waste of money, according to reports from The Fiji Times and Fijivillage.
Chief Justice Temo addressed newly admitted lawyers regarding the appointment inquiry into former Fiji Independent Commission Against Corruption commissioner Barbara Malimali. He stated that the legal team failed to properly examine the statutory limits governing the President’s authority. According to the Chief Justice, lawyers hired from overseas did not read the Commission of Inquiry Act properly to establish that the President lacked the power to extend the inquiry.
High Court Ruling on Statutory Powers
The remarks follow a High Court judgment delivered by Justice Dane Tuiqereqere, which held that the President exceeded statutory powers under the Commission of Inquiry Act by attempting to extend the inquiry beyond its legal time frame. According to the report, Justice Tuiqereqere ruled that the commission’s work was tainted by bias and breached natural justice, rendering its findings null and void.
Chief Justice Temo emphasized that accountability for such procedural defects rests entirely with the legal advisers rather than the public officials who rely on them. He told the newly admitted practitioners that lawyers must dig deeply into the parameters of statutory power before executing legal work. The Chief Justice noted that all subsequent work performed under the flawed extension was pronounced ultra vires, resulting in wasted public funds.
Ongoing Legal Proceedings and Review
While the High Court pronounced the Commission of Inquiry proceedings null and void, Justice Tuiqereqere noted in his judgment that the process had served its purpose by bringing to light concerns regarding Ms Malimali’s suitability for the FICAC post, citing an active criminal investigation and an incident in Tuvalu.
Chief Justice Temo, who also chairs the Judicial Service Commission involved in judicial appointments, declined to comment separately on the aspects of the judgment questioning Ms Malimali’s appointment, directing specific inquiries to Justice Tuiqereqere. Meanwhile, multiple matters stemming from the inquiry continue to navigate the legal system.