Decision to appeal Malimali ruling was mine - Rabuka

Prime Minister says he as "Sitiveni Rabuka" decided to appeal the ruling by High Court Judge Dane Tuiqereqere that found the dismissal of Barbara Malimali as Fiji Independent Commission Against Corruption (FICAC) Commissioner was unlawful.

Rabuka confirmed to fijivillage News today that he made the recommendation to the President himself, saying he was personally affected by the ruling.

Insert: PM AUDIO - My personal decision March 12

Rabuka had earlier indicated that he will step down as Prime Minister depending on the outcome of the appeal.

When asked if that remained his position, Rabuka says it will depend on whether the appeal is successful or unsuccessful, and the matter will be dealt with at that time.

When questioned about going against advice from the Attorney-General’s Office to appeal, Rabuka says the decision came from him.

He also says appointing Rokoika was his decision and it does not matter who advised him.

Rabuka says the appeal will allow the courts to determine key constitutional issues, including whether the appointment process for the FICAC Commissioner was lawful.

He says matters raised about the appointment of Acting FICAC Commissioner Lavi Rokoika will also be addressed during the appeal.

According to the appeal papers, Rabuka is seeking orders to preserve the status quo before the High Court judgement, including that Rokoika remain as Acting Commissioner.

The appeal also argues that there were errors in law in the ruling by Justice Tuiqereqere, including the interpretation of the relationship between the FICAC Act and Section 82 of the Constitution of Fiji, as well as issues relating to constitutional hierarchy, interpretation of the law and the doctrine of necessity.

Rabuka is also seeking declarations that Malimali’s appointment was unlawful and that Section 5 of the FICAC Act is unconstitutional to the extent that it requires the President to act on the advice of the Judicial Services Commission when appointing the FICAC Commissioner.

Malimali’s lawyer, Tanya Waqanika, has confirmed receiving the notice of appeal.

The appeal papers were filed today and served to Waqanika as Malimali’s legal representative.

Justice Tuiqereqere ruled on 2nd February that the President appoints the FICAC Commissioner on the advice of the Judicial Services Commission, and that Rabuka did not have the authority to dismiss Malimali.

Malimali’s lawyer, Tanya Waqanika, has confirmed receiving the notice of appeal.

The appeal papers were filed today and served to Waqanika as Malimali’s legal representative.

Justice Tuiqereqere ruled on 2nd February that the President appoints the FICAC Commissioner on the advice of the Judicial Services Commission, and that Rabuka did not have the authority to dismiss Malimali.