Janet Mason, senior counsel assisting Fiji’s Commission of Inquiry (COI) into the legality of the appointment of Barbara Malimali as FICAC Commissioner, has confirmed the inquiry report will be submitted by April 11 —just as her three-month suspension from practicing law takes effect.
Despite the legal setback imposed by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal, Mason remains focused on completing the COI report.
“The report will be completed by 11 April,” she said. ““I am the person writing the report for the Commissioner, so I know when the report will be done. We are working hard to ensure it is completed by the deadline of April 11 because we appreciate how urgent it is for the Fijian public and all of those individuals who are affected.”
Established in October last year, the COI was tasked to assess whether Malimali’s appointment on September 5 of the same year “was conducted with integrity, fairness, and transparency, in accordance with the law.”
Originally slated for completion in January this year, the inquiry had been delayed as hearings took longer than expected.
Mason further confirmed that an extension for the report’s completion had been sought and understood to have been approved, though she had not received formal confirmation.
“I have not received formal confirmation but understand that the request for the extension until April 11 has been approved,” she said.
When asked about her role if the inquiry is not completed by April 11, Mason insisted it would not extend beyond the deadline.
“I will be applying for a stay of the suspension order and am confident that it will be granted. I will also be applying to the LPU for a Fiji PC for the rest of this year.
“I don’t expect there will be any problems, as I have kept the LPU and the CR informed as to these NZ Law Society issues.
“I can’t see what legal procedural challenges there could possibly be. It is His Lordship who signs off on the report. It is the Commissioner’s report. I am writing a draft, and he has the final say in terms of what it concludes and recommends,” Mason said, adding that, in the unlikely event of a delay, she would continue her work and no replacement would be necessary.
Mason’s disciplinary case stems from a charge of failing to comply with a New Zealand tribunal’s order to complete a civil litigation skills training course within six months.
She maintains that the decision against her is flawed and has already lodged an appeal against the tribunal’s earlier ruling of misconduct. Mason plans to extend the appeal to cover the penalty decision as well.
“I strongly disagree with both the misconduct decision and the penalty of suspension. I have already filed an appeal against the misconduct decision and will now add an appeal against the suspension.”
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