The President has joined as a respondent in the matter where Prime Minister Sitiveni Rabuka is appealing the decision of the High Court which found that the removal of Barbara Malimali as FICAC Commissioner by the President on the advice of the Prime Minister was unlawful.
Malimali’s counsel Samuela Savu and Prime Minister’s counsel Aaron Sen did not object to the President’s joinder application.
Court of Appeal Judge Justice Chandana Prematilaka highlighted that Malimali had previously objected to which Savu responded that after going through the written application, they give their consent.
He say they object to the stay application filed by the Prime Minister on Justice Dane Tuiqereqere’s decision on Malimali’s dismissal.
While making the application, the counsel for the Attorney General’s Office Grace Henao said they are applying for the President and the Attorney General to join the proceedings.
However, after going through the application, Justice Chandana Prematilaka noted that the Attorney General is not mentioned.
Henao said this was an oversight on their part.
Justice Prematikala has ordered Henao to file another application for the Attorney General to join the proceedings and the decision will be made in chambers as Malimali and the Prime Minister’s counsel have not objected.
Meanwhile, the respondents have been given until the 24th of September to file their respective replies to Malimali’s affidavit.
The matter has been adjourned to the 5th of October.
