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High Court orders release of COI transcripts in Malimali judicial review case

High Court orders release of COI transcripts in Malimali judicial review case
The Office of the Attorney General has been directed by the High Court to make audio recordings and transcripts of the Commission of Inquiry into Barbara Malimali's appointment as FICAC Commissioner available from Monday.

The applicants, Malimali, former Attorney-General Graham Leung, and lawyers Wylie Clarke and Laurel Vaurasi, through their lawyers had asked for the release of the transcripts in the matter where they have filed for a judicial review to quash the findings and recommendations of the COI.

High Court Judge, Justice Dane Tuiqereqere has ruled that the transcripts of the COI, a meet and greet with the COI and the Office of the Prime Minister, and the report be made available. 

He says the parties are entitled to seek copies at a reasonable cost.

Justice Tuiqereqere says the transcripts are relevant as adverse findings have been made against the applicants. 

The Judge says the President has disclosed the report to the public which contains much of the evidence from the Prime Minister and other witnesses.

He says not making the transcripts public will serve no purpose. 

Justice Tuiqereqere says the transcripts are the best evidence and any other evidence will not serve justice. 

Meanwhile, the court on its own motion has directed COI Chair Justice David Ashton-Lewis to be a party to the proceedings. 

He says Justice Ashton-Lewis can file affidavits and submission.

Justice Tuiqereqere says Justice Ashton-Lewis should be given the opportunity to contest allegations against him.

The Solicitor General's Office had opposed the release of the transcripts in court.

They did confirm that they got the transcripts from the Office of the Prime Minister and are going through it.

Malimali is represented by Tanya Waqanika, while Richard Naidu represents Clarke and Vaurasi.

Leung is represented by Seforan Fatiaki.

The Office of the Solicitor-General is representing the President, the Prime Minister, the Attorney-General and the Commission of Inquiry.

The hearing for the judicial review into the COI will be held from the 10th to the 12th of April.

Click here for more stories on the Barbara Malimali suspension and dismissal of AG Graham Leung

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