Praneeta Prakash 
Suva lawyer Tanya Waqanika today argued in court that her client Barbara Malimali was never given the opportunity to respond to the allegations in the Commission of the Inquiry report before it was finalized and released.
Waqanika is representing former Fiji Independent Commission against Corruption Commissioner Barbara Malimali in the matter where they are seeking to quash the findings and recommendations of a Commission of Inquiry into her appointment.
Waqanika argued that the COI report contained adverse and defamatory findings about Malimali, including allegations that she was “universally seen as corrupt” and unqualified for the role.
She told the court that Malimali was never given the opportunity to respond to these allegations before the report was finalized and released.
The lawyer highlighted that this amounted to a breach of natural justice and procedural fairness.
She also referred to tbe Rabuka case from 1993, in which the court ruled that then Prime Minister Sitiveni Rabuka had been denied a right of reply when adverse findings were made against him.
The COI had investigated the process behind Malimali’s appointment and its report was later cited by Prime Minister Rabuka in her suspension and dismissal.
Waqanika argued that the report’s adverse findings were damaging to Malimali’s reputation.
Meanwhile, Hemendra Nagin who is representing Justice Ashton Lewis who was the COI Commissioner indicated in the High Court that his client wants to become a party in this matter.
This was strongly objected by other parties in this matter.
High Court Judge Justice Dane Tuiqereqere said that Justice Lewis should have made a formal application before the hearing today and that it’s too late.
The hearing continues.
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