There are clear indications today after the application for leave for a judicial review by former FICAC Commissioner, Barbara Malimali that the State has approached Malimali’s team to have an out of court settlement.
fijivillage News understands that the settlement figure on the table by Malimali for damages and unpaid dues amounts to close to $2 million.
Former FICAC Commissioner, Barbara Malimali and the State representing the President, Prime Minister and the Attorney General have been given time until 3pm this Friday by High Court Judge, Justice Dane Tuiqereqere to reach an out of court settlement or he will rule on the application on Monday.
It was said in the High Court today that the State needed more time and wanted an adjournment to discuss settlement with Malimali’s counsel.
However Malimali’s lawyer, Tanya Waqanika indicated that there was no active discussion on settlement.
This matter was addressed in open court although the government legal team wanted it to be discussed in chambers.
Waqanika said they oppose the adjournment and the State should have been prepared for the hearing.
She stressed that the government has vast resources and should have ensured its readiness.
It is understood the government’s legal team approached Malimali’s counsel after the first call of the case on the 13th of June. However no agreement had eventuated after that.
Sacked FICAC Commissioner Barbara Malimali has filed the case against the President, Prime Minister, and Attorney General after her sacking.
Malimali is arguing that the President did not act under Constitution after sacking her following the advice of the Prime Minister.
Under the Constitution, this can be done only after advice from the Judicial Services Commission.
Deputy Solicitor General, Eliesa Tuiloma had submitted an adjournment application this morning on behalf of the State.
Waqanika argued this afternoon that President Ratu Naiqama Lalabalavu did not have the authority under the Constitution to sack Malimali as FICAC Commissioner.
She says that both the Prime Minister and the President have abused their powers, stating that the President should have acted on the advice of the Judicial Services Commission, not on the recommendation of Prime Minister Sitiveni Rabuka.
The defence counsel says Malimali was directly impacted by the President’s decision, as she was not given enough time to respond to the allegations in the Commission of Inquiry report.
Suva High Court Judge Justice Dane Tuiqereqere asked whether any FICAC Commissioner had ever been terminated.
In response, Waqanika stated that previous Commissioners had resigned, making this the first case involving a termination.
When he asked who advises the President on such matters, Waqanika said the Judicial Services Commission investigates and submits the report to the President but in this scenario, the JSC was totally out of picture.
Waqanika says imagine what would happen if the Prime Minister starts removing the judges.
Deputy Solicitor General, Eliesa Tuiloma says that the President acted on the Commissions of Inquiry Act, however, Waqanika responded by saying that no legal action or proceedings can take place under the COI findings.
Tuiloma agrees that there is sufficient interest but there is no arguable grounds for the matter to proceed further.
When asked if there is any appropriate provision for the Prime Minister to advise the President, the Deputy Solicitor General said there is no clear answer on this.
Prime Minister Rabuka had first announced Malimali’s suspension and then announced that the President had dismissed her after his advice.
These developments took place after the assessment of the Commission of Inquiry report into Malimali’s appointment as FICAC Commissioner.
Stay tuned for the latest news on our radio stations
