Suva lawyer Tanya Waqanika today argued in court that her client, Barbara Malimali was never allowed to respond to the allegations in the Commission of the Inquiry report before it was finalized and released.

Waqanika is representing former Fiji Independent Commission against Corruption Commissioner Barbara Malimali in the matter where they are seeking to quash the findings and recommendations of a Commission of Inquiry into her appointment.

Waqanika argued that the COI report contained adverse and defamatory findings about Malimali, including allegations that she was “universally seen as corrupt” and unqualified for the role.

She told the court that Malimali was never allowed to respond to these allegations before the report was finalized and released.

The lawyer highlighted that this amounted to a breach of natural justice and procedural fairness.

She also referred to the Rabuka case from 1993, in which the court ruled that then Prime Minister Sitiveni Rabuka had been denied a right of reply when adverse findings were made against him.

The COI had investigated the process behind Malimali’s appointment, and its report was later cited by Prime Minister Rabuka in her suspension and dismissal.

Waqanika argued that the report’s adverse findings were damaging to Malimali’s reputation.

The applicants in this matter include former FICAC commissioner Barbara Malimali, Fiji Law Society president William Wylie Clarke, former president Laurel Vaurasi, and former Attorney General Graham Leung.

The parties are challenging the validity of the report, seeking an order to quash both its findings and recommendations, along with other declarations.

The respondent in this matter are the Commission of Inquiry into the appointment of Malimali as FICAC commissioner, President, Prime Minister and the Attorney General.

Meanwhile, Hemendra Nagin, who is representing Justice Ashton Lewis, who was the COI Commissioner, indicated in the High Court that his client wants to become a party in this matter.

This was strongly objected to by other parties in this matter.

High Court Judge Justice Dane Tuiqereqere said that Justice Lewis should have made a formal application before the hearing today and that it’s too late.

The hearing continues.

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