Former FICAC Commissioner Barbara Malimali

The High Court is expected to deliver its judgment on former FICAC Commissioner Barbara Malimali’s judicial review in January next year.

A hearing was held on Malimali’s judicial review application before Justice Dane Tuiqereqere today.

Malimali’s counsel, Tanya Waqanika informed the court that the due processes were not followed by Prime Minister Sitiveni Rabuka when her client’s employment was revoked.

She stated that natural justice to Malimali was denied when the PM advised President Ratu Naiqama Lalabalavu to revoke her appointment as the FICAC Commissioner.

Waqanika also told the court that the Commission of Inquiry report should have gone to the Judicial Services Commission and then a tribunal should have convened to make a determination and recommend to the President about the former FICAC Commissioner’s position.

Malimali’s counsel also informed the court that the FICAC Commissioner can only be removed on the grounds of inability to perform or misbehavior and the removal of Malimali was similar to that of Judges.

She said that section 112 of the Constitution should have been followed

Malimali’s counsel argued that the entire process of removing her from her position was unlawful and illegal.

Waqanika raised and referred to instances where male constitutional office holders were afforded a tribunal, however the PM had made a comment in the media stating that it would be a costly matter to do the same for Malimali.

She argued that the PM was aware of the due processes but chose not to follow it due to cost.

Waqanika said that Malimali was unlawfully arrested in her own office and none of the three allegations were put to her prior to the commencement of the COI.

Malimali’s counsel also stated that the former Acting Deputy FICAC commissioner Francis Puleiwai was sitting with the complaint against Malimali and did not act on it for about four days until Malimali came into the organization for orientation.

Waqanika also stated that this country cannot move forward based on a complaint made by an overseas blogger. The complaint was made by Alexander Forewood who lives in Australia.

Malimali’s lawyer asked the court to consider that the former FICAC Commissioner’s revocation was unlawful and illegal.

She said Malimali has not been able to get a job elsewhere, she has suffered financially and mentally and was constantly maligned on social media.

Waqanika also stated that Malimali was still discharging her duties as FICAC Commissioner until the president revoked her employment in May this year.

Waqanika concluded her oral submissions by stating that Malimali is still the lawful FICAC commissioner because due processes were not followed outlined in the constitution for this situation.

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