Former FICAC Commissioner, Barbara Malimali’s lawyer Tanya Waqanika, has requested permission to cross-examine the President and Prime Minister in Malimali’s case.
She is seeking a judicial review against the decision made by the President, Prime Minister and Attorney General.
Waqanika says they are seeking access to two Commission of Inquiry reports released on the 1st and 14th of May, as Malimali’s suspension was based on these reports.
Suva High Court Judge Justice Dane Tuiqereqere has asked Waqanika to file a formal affidavit.
Deputy Solicitor General, Eliesa Tuiloma told the court that the COI report is available on the government website and they will be disclosing relevant matters related to the case.
The application seeks a judicial review of the powers exercised by the President, Ratu Naiqama Lalabalavu, in terminating Malimali’s appointment based on advice from Prime Minister Sitiveni Rabuka.
This means the court will review Malimali’s legal argument that the President did not have constitutional authority to dismiss her as FICAC Commissioner solely on the Prime Minister’s advice.
Rabuka had first announced Malimali’s suspension and later confirmed that the President had dismissed her following his recommendation.
The matter has been adjourned to the 8th of September, with the hearing date to be set after the next mention.
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