Feature COI Court

PM not granted stay on earlier ruling that Malimali's dismissal by President on the advice of the PM was unlawful

PM not granted stay on earlier ruling that Malimali's dismissal by President on the advice of the PM was unlawful
The Suva High Court has ruled not to grant the Prime Minister a stay on the earlier ruling that former FICAC Commissioner Barbara Malimali's dismissal by the President on the advice of the Prime Minister was unlawful.

In his ruling this afternoon, High Court Judge Justice Dane Tuiqereqere says he does not have the power to grant a stay in this case as it does not lend itself to a stay.

He says he only declared that Malimali’s dismissal was unlawful and was not prepared to make any orders to reinstate her.

Justice Tuiqereqere says the Prime Minister is seeking orders he did not make.

He also says that the court has no jurisdiction to stay a declaration.

The Judge further says that the stay application would have interfered with the Judicial Services Commission's ability to carry out its constitutional and statutory functions.

He emphasised that any attempt to restrain or suspend the JSC'S role would amount to interfering with constitutional processes, which the court was not prepared to do.

The matter will now proceed to the Court of Appeal.

While speaking outside the court following the ruling, Malimali's counsel Tanya Waqanika says they are confident of their case in the Court of Appeal.

She says this will be the last of the matter in the High Court.

Waqanika adds they will now see the Prime Minister's counsel and the Office of the Solicitor General in the Appeal's Court.


Click here for more stories on the Barbara Malimali suspension and dismissal of AG Graham Leung

Stay tuned for the latest news on our radio stations

CFL radio frequencies
Scoreboard
9:50PM
Cowboys vs Roosters
8:00PM
Dragons vs Dolphins
10:00PM
Storm vs Bulldogs
Full Time
Drua 17–34 Waratahs
8:10AM
Ireland vs Argentina
11:40PM
Italy vs South Africa
2:10AM
Scotland vs New Zealand
Full TIme
U20 Northland 24–8 U20 Ovalau
Full TIme
U20 Namosi 12–27 U20 Coastland
Full TIme
U20 Macuata 40–17 U20 Vatukoula
Full Time
Yasawa 67–15 Taveuni
Full Time
Navosa 41–24 Northland
Full Time
Cakaudrove 62–15 Tavua