The counsel for the Prime Minister in the matter where Barbara Malimali is seeking a judicial review on whether the President on the advice of the Prime Minister has the power to terminate Malimali's appointment as the Commissioner of FICAC, has made an application for Prime Minister, Sitiveni Rabuka to be struck out as a party to the proceedings.
In their application, the Prime Minister's counsel, Simione Valenitabua is also seeking an order that Malimali pay the Prime Minister costs for the application.
According to their grounds for filing the application, Malimali's judicial review against the Prime Minister discloses no reasonable cause of action and is barred by statutory immunity under Section 11 of the Commissions of Inquiry Act.
According to Section 11 of the Act, no evidence taken under the Act shall be admissible against any person in any civil or criminal proceedings whatsoever.
Valenitabua says Malimali's application for judicial review constitutes a civil proceeding within the meaning of Section 11.
He also says Malimali's case relies entirely on evidence taken under the COI Act, including direct quotations from the Commission's transcripts, substantive references to evidence given before the Commission and the findings and conclusions contained in the COI report.
The counsel says the statutory prohibition in Section 11 of the COI Act renders Malimali's case fundamentally flawed and legally unsubstantiated.
The case will be called before High Court Judge Justice Dane Tuiqereqere on the 12th of December.
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