Nikhil Aiyush Kumar 
[Photo: FILE]
The Suva High Court has set June 1 for Prime Minister Sitiveni Rabuka’s appeal to pause the legal effect of a ruling that found the dismissal of the former Fiji Independent Commission against Corruption Commissioner Barbara Malimali to be unlawful.
The appeal is before Judge Justice Dane Tuiqereqere, who also delivered the February 2 judgment.
The Court also heard that Rabuka was ordered to pay a $3,000 security deposit to proceed with his appeal, which was issued by Chief Registrar Tomasi Bainivalu.
Rabuka had sought a waiver of the standard security for costs, while Malimali’s legal team argued for a $15,000 deposit; however, the court ultimately set the amount at $3,000, which may be used to cover legal costs if the appeal is unsuccessful.
The payment will clear the way for the preparation of the official court record for the appeal, which was filed two months ago.
In his appeal, Rabuka argues that the executive had a “duty to act,” claiming the normal appointment process had become “paralysed.”
He cites findings from an independent commission of inquiry, alleging that the Judicial Services Commission was compromised in its handling of Malimali’s appointment.
The PM is the only party who is appealing this earlier high court judgement.
Rabuka’s lawyer told the court that no reply affidavits had been filed by the Attorney-General’s office or the President’s office in response to Malimali’s opposition to the stay application.
Malimali was represented by lawyer Samuela Savu.
Rabuka’s lawyers have to file written submissions by the 22nd of this month, while Malimali’s counsel has until the 28th to respond.
