The out of court settlement between the Judicial Services Commission and the Office of the Attorney General was halted in court today after lawyer Hemendra Nagin said he is representing the Commission of Inquiry and COI chair Justice David Ashton-Lewis.
This comes as the Judicial Services Commission had sought a judicial review to quash the findings of the Commission of Inquiry into the appointment of Barbara Malimali as FICAC Commissioner.
The Counsel for the JSC, Isireli Fa says he has filed the terms of the out of court settlement and told High Court Judge Justice Dane Tuiqereqere that they would like the terms recorded as court orders.
Fa says they are discontinuing the matter against the COI and the Attorney General and the settlement does not involve Justice Ashton-Lewis.
However, Nagin says he is representing the COI as well as Chair Justice David Ashton-Lewis.
Fa responded that the case is not against an individual and he has been speaking with the State and the JSC for the past three weeks to resolve it.
He says the State is ready to have the matter resolved but it is concerning they have to argue who the representative is.
Solicitor General Ropate Green says the State is a joining party as once COI folds up, the role goes back to the President.
He also says Nagin does not represent the State.
When questioned by Justice Tuiqereqere on who has the authority to establish the COI, Green responded that it is the President.
When also questioned on who has instructed him to act for the COI, Green responded that it is through the Office of the President.
Nagin says he has been representing the COI throughout the case without any objection.
He also insisted that parties in a judicial review cannot have an out of court settlement.
High Court Judge Justice Dane Tuiqereqere says he will need to convene a hearing on who represents the COI and can instruct the counsel as well, and whether the court can make an order in an out of court settlement.
The hearing will be held on New Year’s Eve, next Wednesday.
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