A High Court ruling is now expected on Monday in the case of Fiji’s former FICAC Commissioner Barbara Malimali, after eleventh-hour settlement talks between her legal team and the Government failed to reach an agreement by the court-imposed deadline.
Malimali’s principal counsel, Tanya Waqanika, confirmed this morning that the Government had responded in writing following their meeting three days ago. However, with no deal reached by the end of today, the matter is now in the court’s hands.
“We responded yesterday, so we’ll be in court on Monday,” Waqanika said.
When asked if there was an offer for reinstatement made, “There was nothing. Nothing about reinstatement, nothing in the offer.”
She also reiterated that their legal submission argues the President and Prime Minister breached the Constitution in their handling of Malimali’s dismissal.
“That’s quite serious. They breached our Constitution. That was our submission,” Waqanika said. “The Government said they didn’t breach it, but it’s very clear—when you remove the Commissioner of FICAC, there is a process.”
The judicial review application challenges the Government’s June 2 decision to terminate Malimali’s appointment, following findings by a Commission of Inquiry chaired by Justice Ashton Lewis. Her lawyers allege the process was procedurally flawed and lacked legal justification under the FICAC Act, Interpretation Act, and the Constitution.
Earlier this week, Waqanika indicated her team had been in discussions with the Attorney-General’s Office for an out-of-court settlement. The court had given both sides until today to resolve the matter. With no agreement reached, the judge is now expected to deliver a ruling on Monday, July 21.
The President and Prime Minister are named as respondents. The State is represented by Deputy Solicitor General Eliesa Tuiloma.
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