As the Judicial Services Commission’s recommendation to the President regarding the FICAC Commissioner position is still on hold until it considers the Court of Appeal’s ruling in Barbara Malimali’s case and Justice Siainiu Fa’alogo Bull’s decision on Lavi Rokoika’s appointment, JSC Chair Chief Justice Salesi Temo says there is nothing preventing them from negotiating while the civil cases are before the courts.
The Prime Minister is appealing Justice Dane Tuiqereqere’s decision that found Malimali’s dismissal as FICAC Commissioner, on the advice of the Prime Minister, was unlawful.
While speaking to the media following a meeting with Malimali's counsel Tanya Waqanika and Samuela Savu, Chief Justice Temo says Attorney General and the State's representatives from the Office of Solicitor General and the Prime Minister's lawyer Simione Valenitabua were supposed to be in the meeting but they had excused themselves.
He says the JSC is examining options and their position following the decision of the courts.
When questioned by fijivillage News on JSC's position should Justice Bull rule that Rokoika's appointment was unlawful, Chief Justice Temo says they will react accordingly but stresses that the litigants are entitled to go to the Court of Appeal again if they disagree with Judge Bull's decision.
When asked if the JSC will be making a recommendation to the President regarding the Acting FICAC Commissioner position, Chief Justice Temo says in the nature of their job, it is important for them to have several plans but he cannot disclose that.
Chief Justice Temo is calling on the public to understand the legal process.
He adds this is the rule of law in action and stresses that it is better for to peacefully and orderly fight cases in the courtroom, rather than fight disputes in the streets because that will result in a lot of people being unnecessarily hurt.
