[Photo: Nikhil Kumar]

The Suva High Court has heard submissions on costs and damages following its ruling that the Commission of Inquiry report into the appointment of former FICAC Commissioner Barbara Malimali was unlawful.

Justice Dane Tuiqereqere had earlier declared the report null and void in its entirety, quashing its adverse findings.

The court also found that President Ratu Naiqama Lalabalavu and Prime Minister Sitiveni Rabuka failed to provide natural justice to the applicants.

The applicants in the judicial review are former FICAC Commissioner Barbara Malimali, former Attorney-General Graham Leung, and lawyers Wylie Clarke and Laurel Vaurasi.

During the hearing, the applicants’ lawyers argued that the publication of the adverse findings caused reputational and other losses.

They submitted that the findings were published on the Government’s official website and promoted through social media and by ministers.

The applicants also argued that Section 18 of the Commission of Inquiry Act does not prevent the State, the President or the Prime Minister from being liable for damages arising from the publication of the report.

The court further heard arguments relating to alleged defamation and misfeasance in public office.

Counsel also argued that losses suffered by Graham Leung, including loss of income following his dismissal as Attorney-General, flowed from the unlawful and procedurally unfair report.

The applicants are also seeking costs, with counsel arguing the amount sought is reasonable given the circumstances of the case.

Justice Tuiqereqere had directed all parties to file and serve their submissions on costs and damages by last Friday.

The hearing on costs and damages was set yesterday, with the court expecting to consider who should be responsible for any damages awarded.

The High court will deliver its ruling on this matter on the 5th of next month.