PM to assess SG options and JSC decisions before deciding on appeal - Tabuya

Prime Minister, Sitiveni Rabuka will now assess the presentation and options given by Solicitor General, Ropate Green, and also await the Judicial Services Commission's decisions, after the High Court ruling yesterday that the dismissal of Barbara Malimali as FICAC Commissioner was unlawful. 

Speaking after the cabinet meeting, Minister for Information, Lynda Tabuya said the Solicitor General attended cabinet today to update them on the decision and the possible ways forward.

Tabuya says Prime Minister has asked to be given a few days to consider the possibilities of the way forward, and an appeal is available to the Prime Minister as is the process that is available to any citizen of the country.

She says the court has decided that it could not order the reinstatement of Barbara Malimali and the decide on the damages.

This has been left to the Judicial Services Commission which provides the recommendation to the President on the appointment or dismissal of the FICAC Commissioner.

Tabuya says they have to await the JSC to convene and to make it's decisions on Malimali moving forward.

She says whatever the decision, the JSC is independent of the Executive, and if the JSC makes some decisions, then it is for the Prime Minister to consider from that point whether an appeal is to be filed. 

Tabuya says the Prime Minister had relied on two opinions from the King's Counsel in New Zealand and he did not act on his own.

The Minister says that was also a submission made by the Solicitor General in court which the court did not accept. 

She stresses the Executive is separate from the Judiciary and there is no interference.

Tabuya also says there was also a resounding sentiment in cabinet today that they will not accept the Prime Minister's resignation and they fully support him as the Prime Minister.

Prime Minister Rabuka had said yesterday that he was considering resigning as Prime Minister if his appeal fails in court.

Meanwhile the Prime Minister is expected to meet President Ratu Naiqama Lalabalavu tomorrow.

The People's Alliance Party is also expected to meet soon.