Lawyers representing former FICAC Commissioner Barbara Malimali say they expect a formal response from the Government today, following a fresh round of settlement talks aimed at resolving her dismissal case before it returns to court.
Speaking to media after a closed-door meeting at Suvavou House this morning, Malimali’s principal counsel Tanya Waqanika confirmed the Attorney-General’s Office had agreed to respond in writing.
“They will write to us. A letter will come to us today,” Waqanika said.
When pressed on whether the State would agree to the team’s $2 million compensation demand, she simply replied, “That’s the beauty of negotiation.”
The renewed talks come just days before the High Court is set to rule on Malimali’s application for judicial review of her termination as head of the Fiji Independent Commission Against Corruption (FICAC). The court has given both parties until close of business on Friday to reach a settlement. Should that fail, a ruling will be delivered on Monday at 9am.
The case stems from the Government’s decision to revoke Malimali’s appointment on June 2 this year, following the findings of a Commission of Inquiry chaired by Justice Ashton Lewis. Malimali’s lawyers argue the removal process was procedurally flawed and potentially unconstitutional.
“She’s looking at a lot of money,” Waqanika said earlier. “Put it this way—her career over 27 years is down the drain thanks to Ashton Lewis, and the damage from the COI.
“For those of us who know Ms Malimali. She is a lawyer. She worked at the university and she has been publicly defamed everyday on social media.”
Malimali may also seek a public apology from key state officials, including the Prime Minister and President. Whether any such gesture will be part of the State’s response remains unclear.
The judicial review proceedings, filed last month, allege that the Government’s actions violated principles of natural justice and did not comply with statutory requirements under the FICAC Act, Interpretation Act, and the Constitution.
The President and Prime Minister are both named as respondents in the case.
The State is being represented by Deputy Solicitor General Eliesa Tuiloma.
