Feature Court Feature

High Court grants leave to have judicial review into COI

High Court grants leave to have judicial review into COI
High Court Judge, Justice Dane Tuiqereqere has granted leave this morning for a judicial review of the Commission of Inquiry into Barbara Malimali's appointment as FICAC Commissioner. 

The application for leave for the judicial review has been made by former FICAC Commissioner Barbara Malimali, former Attorney General Graham Leung and lawyers Wylie Clarke and Laurel Vaurasi's counsel.

Malimali is represented by Tanya Waqanika, Richard Naidu is representing Clarke and Vaurasi while Leung is represented by Seforan Fatiaki.

The Office of the Solicitor General is representing the President, Prime Minister, Attorney General and the COI while Simione Valenitabua is also representing the Prime Minister in the case where he dismissed Malimali.

The applicants argue that their clients suffered a loss of reputation while Leung lost his job.

The Office of the Solicitor General and Valenitabua had earlier argued that the applications must be struck out as a case cannot be filed against the COI under Section 11 of the COI Act.

They also say that the COI does not make binding recommendations. 

Justice Tuiqereqere says the costs will be enforced.

The matter has been adjourned to the 16th of this month to discuss David Ashton-Lewis to be made an interested party. 

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