The counsel for the Judicial Services Commission is having discussions with the Office of the Attorney General to come to an out of court settlement where the JSC is seeking an order to quash the findings and recommendations of the Commission of Inquiry into the appointment of Barbara Malimali as the Commissioner of FICAC together with other declarations.
JSC’s counsel, Isireli Fa and the Office of the Attorney General's counsel Geraldine Naigulevu informed the court that they are discussing the terms of settlement and seeking time to progress.
The JSC had filed its application for leave to apply for judicial review of the findings and recommendations of the COI.
Fa had said in their opinion, its findings and recommendations are inconsistent with the evidence that was before the COI and their interpretation of the Constitution is also inconsistent with the established rules of interpretation and have serious unintended consequences for all involved.
The counsel had said its interpretation of Section 82 of the Constitution and Section 5 of the FICAC Act, interferes with the JSC’s performance of its constitutional role under the Constitution, and if not corrected, will result in a constitutional crisis in Fiji in the near future.
The Commission of Inquiry and former chair Justice David Ashton-Lewis is being represented by Hemendra Nagin. He informed the court that Justice Ashton-Lewis has filed and served affidavits and intends to file more. Nagin was informed that his involvement is not required for the out of court settlement discussion.
The matter has been adjourned to next Friday before Justice Dane Tuiqereqere.
