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Prime Minister Sitiveni Rabuka’s legal team has filed an injunction to prevent former Fiji Independent Commission Against Corruption Commissioner Barbara Malimali from using the Commission of Inquiry report as evidence in her judicial review.

Lawyer Simione Valenitabua told the High Court that the evidence taken under the COI is rendered inadmissible by the absolute statutory immunity under Section 11 of the Commission of Inquiry Act 1945.

Valenitabua said the application supports the Prime Minister’s Originating Summons filed under Order 18 rule 18(1)(a) of the High Court Rules 1988 and the inherent jurisdiction of the High Court.

The filing seeks to have Malimali’s judicial review pleadings struck out and to remove her as a party.

He stated that the COI into Malimali’s appointment as FICAC Commissioner was not just an action of public interest but a constitutional necessity.

Valenitabua stressed that the integrity of the anti-corruption agency is vital for public trust in the rule of law, and any perceived compromise in its leadership undermines the legitimacy of the anti-corruption framework.

He said Malimali’s judicial review is legally unsustainable because it relies entirely on evidence collected under the COI Act.

Valenitabua also cited Section 11, which provides that “no evidence taken under this Act shall be admissible against any person in any civil or criminal proceedings whatsoever.”

He added that the law’s wording is mandatory, not discretionary, and prohibits the court from considering COI evidence in any proceedings.

Valenitabua said using the COI evidence in this way would violate a statutory command and is therefore legally impossible.

He further stated that without the COI report, Malimali’s judicial review “is an empty shell” and cannot succeed.

Valenitabua described her attempt to use the protection of Section 11 as a legal shield against executive action as untenable.

The High Court is expected to consider the application in the coming weeks.

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