Following the leave granted for a judicial review of the Commission of Inquiry into Barbara Malimali’s appointment as FICAC Commissioner, the High Court will hear submissions on an application to include David Ashton-Lewis as an interested party on Wednesday.
The matter was expected to be heard today, however, High Court Judge Justice Dane Tuiqereqere is attending the opening of Parliament.
Leave for the judicial review was granted on the 2nd of this month.
The application was filed by former FICAC Commissioner Malimali, former Attorney-General Graham Leung, and lawyers Wylie Clarke and Laurel Vaurasi.
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, while Simione Valenitabua is also representing the Prime Minister in the matter concerning Malimali’s dismissal.
The applicants argue that their clients suffered reputational damage, while Leung also lost his job.
The Office of the Solicitor-General and Valenitabua had earlier submitted that the applications should be struck out, arguing that proceedings cannot be brought against the Commission of Inquiry under Section 11 of the COI Act.
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