The Suva High Court has ruled not to grant the Prime Minister a stay on the earlier ruling that former FICAC Commissioner Barbara Malimali's dismissal by the President on the advice of the Prime Minister was unlawful.
In his ruling this afternoon, High Court Judge Justice Dane Tuiqereqere says he does not have the power to grant a stay in this case as it does not lend itself to a stay.
He says he only declared that Malimali’s dismissal was unlawful and was not prepared to make any orders to reinstate her.
Justice Tuiqereqere says the Prime Minister is seeking orders he did not make.
He also says that the court has no jurisdiction to stay a declaration.
The Judge further says that the stay application would have interfered with the Judicial Services Commission's ability to carry out its constitutional and statutory functions.
He emphasised that any attempt to restrain or suspend the JSC'S role would amount to interfering with constitutional processes, which the court was not prepared to do.
The matter will now proceed to the Court of Appeal.
While speaking outside the court following the ruling, Malimali's counsel Tanya Waqanika says they are confident of their case in the Court of Appeal.
She says this will be the last of the matter in the High Court.
Waqanika adds they will now see the Prime Minister's counsel and the Office of the Solicitor General in the Appeal's Court.
