There are indications this afternoon that Prime Minister, Sitiveni Rabuka has now decided to appeal High Court Judge, Justice Dane Tuiqereqere ruling that the dismissal of Barbara Malimali as FICAC Commissioner was unlawful.
Malimali’s lawyer, Tanya Waqanika confirms that she has received a notice.
fijivillage News has asked Rabuka whether he has now decided to appeal the High Court ruling.
We have asked him why the change in the decision again after earlier deciding to appeal, then not to appeal, and now to appeal.
fijivillage News has also asked him what is the reason for the appeal.
Justice Tuiqereqere ruled on February 2nd this year that the President appoints the Commissioner on the advice of the Judicial Services Commission, and that Prime Minister, Sitiveni Rabuka did not have the authority to dismiss Malimali.
He had stated the Judicial Services Commission is the correct body to advise the President, and he did not accept that the JSC was temporarily incapacitated.
The judge said the JSC needs to consider Lavi Rokoika’s acting FICAC Commissioner appointment as that is a matter for the JSC.
Malimali had challenged the legality of her dismissal in June last year after the Commission of Inquiry report.
Meanwhile the JSC chaired by Chief Justice Salesi Temo had send their recommendation two weeks ago for Rokoika to leave the FICAC office.
No decision has been made by the President.
There were indications that the President had asked the JSC to consider a severance payout for Rokoika.
However majority of the JSC members have said this payout cannot be done as Rokoika was not recommended for the Acting FICAC Commissioner post by the JSC.
Stay with us for developments.
