The High Court judge, Justice Dane Tuiqereqere, will start hearing the applications for judicial review of the Supreme Court Commission of Inquiry into the Malimali affair in just under two month’s time – on December 12.
The Judge has evidently consolidated all applications into a single hearing – that of Barbara Malimali herself, the Judicial Services Commission (Salesi Temo and Tomasi Bainivalu) and the application by Wiley Clarke, the President of the Fiji Law Society, and Graham Leung , the sacked attorney general.
Get set for a clash of the legal titans and some hefty fees. Both Wiley Clarke and Graham Leung say they will be represented by legal counsel from overseas – presumably kings counsel or senior counsel also presumably representing them pro bono or free of charge.
The immediate consequence of that is that the CoI Commissioner – Justice David Ashton- Lewis – and his former counsel assisting, Janet Mason, will be pressing the government for equal representation from overseas, which is likely to run into the hundreds of thousands when some overseas counsel charge $30,000 a day or more.
It is inconceivable that we would see an unequal contest in the court between overseas counsel representing Wylie Clarke and Graham Leung and local counsel representing the CoI. But lots of things that we had previously thought inconceivable have come to fruition so let’s see what happens.
The first thing Justice Tuiqereqere is going to have to decide is whether he has jurisdiction to grant an application for judicial review of a Supreme Court Commission of Inquiry in the first place. These haven’t been decisions in a court of law which can be appealed in the normal manner but recommendations from a CoI for further investigation, which is an altogether different thing.
We can be sure that counsel for the CoI will be arguing that a High Court judge like Justice Tuiqereqere doesn’t have the power to overturn the findings of a CoI Inquiry by a Supreme Court Judge in the form of Justice Ashton-Lewis because the Supreme Court is Fiji’s highest court.
So there is a lot of legal argy-bargy to come and if the arguments on whether Justice Tuiqereqere can grant leave to appeal don’t begin until December 12, this is going to be a long and tortuous process that goes well into the New Year. Election Year.
One of the biggest questions that is yet to be answered is what happens to media coverage of the court hearing. It stands to reason that a great deal of the detail of the CoI Report that remains redacted while police and FICAC investigations continue will need to be aired in the leave to appeal application. Will this hearing be closed in the same manner that the CoI itself was closed?
Lots of questions and as yet, no firm answers.
UPDATE THURS AM:
Justice Tuiqereqere was clearly less than impressed with the announcement that Wylie Clarke and Graham Leong plan to engage kings counsel from overseas to argue their cases.
He told them through their lawyers that if the KCs of their choice weren’t available on December 12, then “bad luck for you”. The hearing would proceed regardless.
Justice – now that is an injustice.
The monies spent on this very growing circus could be put to better use propping up the beyond euthanizing health system.
Let’s not be surprised when the decision is made by the Court. We all know how this will end especially since Temo is implicated.
Openly making admissions will see him walk away free. However, if you steal butter then you get to have a mini vacation in the prison.
The COI parties have not been served. PM has not issued any instruction at all.
did you really expect him to?
Alex Forwood gee did Rabuka mentioned that to you when you met him in Sydney over the last weekend?
All of this is due to procrastination, if Rambuka had acted quickly and placed it in the hands of the police to investigate, none of these people who were implicated would have had time to gang together and come up with the lame excuses to try and hoodwink the nation into believing that they are all completely innocent.
So once again it turns into a circus with talk of damages and people walking away with either a payout or a not guilty decision.
These are a despicable bunch of self serving individuals who should have been stood down as soon as the report was released and investigations completed and they would have been found guilty or not guilty before a court.
They should be ashamed of themselves, but clearly they have no morals or integrity and that’s why they are in the jobs that they are in, it seems to be a prerequisite for a leadership position in this country.
I believe Rabuka commissioned the inquiry to save himself from going to prison once new government comes in.
GD
Rather a bizzare state of affairs regarding the Report. At the top of the hierarchy is the CoI’s finding, which in my opinion is supreme and untenable. Then there are on going or active/completed criminal”investigations” by the police against those named individuals in the Report, and the ultimate decision makers both the President and the Prime Minister remains silent.
On the other side of the coin are a bunch of named idiots who are hell bent on attempting to discredit the Report and overturn its findings. All because they consider themselves as the untouchables and squeeky clean despite the over whelming evidence of their wrong doing from multiple credible witnesses.
Yup, a truly merry-go-round ding dong state of affairs which can only happen in the Banana Republic of Fiji, under the incompentent, corrupt and useless Rolex Rabuka.
These lawyers and Judges will drain Fiji before they admit they did wrong, even if deep down they know they did wrong. Wylie actively took part in a meeting that denied law to work. Temo makes open admissions.
But guess what, the globe trotter whose staff cannot afford a Europe Vacation will jizz his pants when Fijians are further burdened. No wonder Charlie selectively voices for the powerful only. You’d think a man with his resources and faked interest would spend more time fixing our hospitals.