Kelera Ditaiki 
Suspended FICAC Commissioner Barbara Malimali [file photo]
The lawyer representing suspended FICAC Commissioner Barbara Malimali argued in the Suva High Court today that her client was removed from office without due process.
Malimali was dismissed shortly after the Commission of Inquiry report into her appointment was submitted to the Prime Minister and the President.
Her lawyer, Tanya Waqanika, told the court that the termination was carried out by the President based on the advice of the Prime Minister. She argued that, under the Constitution, only the Judicial Service Commission has the legal authority to advise the President on such matters.
Waqanika further claimed that the removal of Malimali without following the constitutionally mandated process amounted to an abuse of office.
The State acknowledged that Malimali has a legitimate interest in the case but maintained there is no arguable legal basis for her claim.
Meanwhile, the State has proposed a possible settlement in the matter. Justice Dane Tuiqereqere has instructed the defense to make a submission by 3pm on Friday if they intend to accept the proposal.
A final decision is expected to be delivered next Monday at 9am.
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