Prime Minister, Sitiveni Rabuka has confirmed today that he will appeal the High Court ruling which has found that Barbara Malimali's dismissal as FICAC Commissioner by the President on the advice of the Prime Minister was unlawful.
Speaking to fijivillage News, Rabuka has confirmed that in his discussions with President Ratu Naiqama Lalabalavu yesterday, he advised him of his intention to appeal the ruling, and the President has given his blessings.
When asked today whether he will appeal the ruling, Rabuka said yes, just as all citizens (and we are all equal before the law) are entitled to in cases where they feel aggrieved.
It was highlighted earlier this week that Prime Minister Rabuka will assess the presentation and options given by Solicitor General, Ropate Green, and also await the Judicial Services Commission's decisions.
Minister for Information, Lynda Tabuya said the Prime Minister had asked to be given a few days to consider the possibilities of the way forward, and an appeal is available to the Prime Minister as is the process that is available to any citizen of the country.
She says the Judicial Services Commission is independent of the Executive, and if the JSC makes some decisions, then it is for the Prime Minister to consider from that point whether an appeal is to be filed.
Tabuya said the Prime Minister had relied on two opinions from the King's Counsel in New Zealand and he did not act on his own.
The JSC will invite Malimali and her counsel Tanya Waqanika, the Solicitor General, Ropate Green as a representative for the State, and Simione Valenitabua for the Prime Minister to consider their views on compliance with the orders of the High Court.
They have said the matters relating to Malimali's appointment as FICAC Commissioner will be dealt with on or before March 31st.
In High Court Judge, Justice Dane Tuiqereqere's ruling, it has been stated that the JSC is the body that provides the recommendation to the President regarding the appointment or dismissal of the FICAC Commissioner, not the Prime Minister.
Justice Tuiqereqere said he is not prepared to make any order reinstating Malimali to the position of Commissioner as the JSC will need to consider and decide upon the matter along with the appointment of Lavi Rokoika as Acting FICAC Commissioner.
The JSC did not recommend the dismissal of Malimali and also did not recommend the appointment of Rokoika as Acting Commissioner.
Justice Tuiqereqere also said that he will not be making any order for general damages or special damages.
