[File Photo]

The Suva High Court will hear the terms of a proposed out-of-court settlement between the Judicial Services Commission and the President, the Prime Minister and the Commissioner of the Commission of Inquiry into the appointment of the FICAC Commissioner, Justice David Ashton Lewis late next month.

The Judicial Services Commission had initially filed an application against the Commission of Inquiry into the appointment of former the Commissioner of the Fiji Independent Commission Against Corruption.

The JSC was seeking orders to quash the findings and recommendations of the Commission of Inquiry into the appointment of Barbara Malimali as the Commissioner of FICAC together with other declarations.

The court was told that the applicants, the Prime Minister as the second respondent, and possibly the President as the first respondent, are moving towards settling the case.

Judge Justice Dane Tuiqereqere informed the court that all parties, except the third respondent, Justice David Ashton Lewis, have agreed to the settlement.

He said that the settlement terms have already been filed in court, but the parties initially asked for them to remain confidential.

Justice Tuiqereqere highlighted one of the main issues before the court was who has the authority to represent the President.

After considering written submissions from all lawyers, the Justice Tuiqereqere stated that he was satisfied that the Attorney-General’s Office is properly instructed to act for the President.

The court accepted confirmation from Solicitor-General Ropate Green that the Attorney-General’s Office was instructed by both the President’s Office and the Prime Minister’s Office.

The applicants have also applied to discontinue the case against Justice Ashton Lewis, who is not part of the settlement.

However, Justice Ashton Lewis has raised concerns about the discontinuation, including how the settlement terms may affect him and whether the case was properly brought under the Commission of Inquiry Act.

The issue of legal costs was also discussed and the court noted that no final decision has been made, but it was stated that Justice Ashton Lewis may be seeking costs of about $25,000.

Justice Tuiqereqere also noted that issues of confidentiality of the terms of settlements.

He told the court it would be difficult for settlement terms to remain confidential if they are turned into a court order.

While the JSC informed that they no longer object to the confidentiality, the court told the counsels for the President and Prime Minister to confirm their position.

He also told the court that he had appeared for the COI on the instructions of Justice Ashton-Lewis, arguing that the chair and the COI share the same interests.

Justice Tuiqereqere stated that sharing the same interest does not give Justice Ashton-Lewis the authority to instruct counsel. The Judge added that if confidentiality is dropped, the settlement terms must be shared with Justice Ashton Lewis so he can consider his position.

The matter has been adjourned to 22 of next month. By next week the first and second respondents must inform the court whether they still want the settlement terms to remain confidential otherwise the documents must be shared with all parties by the next court date.

In this matter, Isireli Fa is representing the JSC, Solicitor General Ropate Green is representing the AG’s office for the President and the Prime Minister while Justice David Ashton Lewis is being represented by Hemendra Nagin.

The matter will be called on the 22nd of next month.

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