[File Photo]

The Suva High Court will hear the terms of the out-of-court settlement between the Judicial Services Commission and the Office of the Attorney General late next month.

High Court Judge Justice Dane Tuiqereqere ruled that the Attorney General has the authority to act as counsel for the Commission of Inquiry into the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption.
Justice Tuiqereqere accepted that the JSC may apply to discontinue its case against COI Chair Justice David Ashton-Lewis, who is the third respondent.

The JSC had filed a judicial review application seeking to invalidate the findings of the COI.

The court further ruled that it has the power to make orders on the settlement reached, subject to the lawfulness of its terms.

Justice Tuiqereqere noted that the question of whether the settlement terms will be made public has yet to be determined and granted counsel for the JSC and the Attorney General, Solicitor General Ropate Green, until next Tuesday to obtain instructions from their clients on the issue of confidentiality.

He said that if the terms are not confidential, they must be circulated to Hemendra Nagin, counsel for Justice Ashton-Lewis.

Counsel Isireli Fa, representing the JSC, and Nagin did not object to public disclosure.

Nagin also informed the court that he would be applying for costs incurred.

In his submissions, Green confirmed he is seeking instructions from the President and the Prime Minister in his role as counsel for the COI.

Fa argued that Section 11 of the Commissions of Inquiry Act clearly states that evidence given before a commission cannot be used in civil or criminal proceedings.

He questioned why the COI report makes recommendations for criminal proceedings if such evidence cannot be used, and said the process has caused harm to the country.
Fa described the continuation of the matter as an abuse of process and said it risked creating chaos.

Nagin submitted that the judicial review proceedings are invalid due to Section 11 of the Act.

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 matter on the settlement terms and the application to discontinue proceedings will be heard on the 22nd of next month.

Stream the best of Fiji on VITI+. Anytime. Anywhere.