Fiji
The High Court in Suva has scheduled a three-day hearing from April 10 to 12, 2026, to consider judicial review applications challenging the findings of the Commission of Inquiry (COI) into the 2024 appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC).
The applicants, including Ms. Malimali, Fiji Law Society President William Wylie Clarke, former President Laurel Vaurasi, and former Attorney-General Graham Leung, are contesting the validity of the COI report, which implicated them in alleged irregularities during the appointment process. They seek orders to quash the findings and recommendations of the COI.
During the proceedings, Justice Dane Tuiqereqere directed the Attorney-General's Office to obtain and provide transcripts of the COI hearings to the court and all parties involved. He emphasized that these transcripts are critical for assessing the evidence underpinning the COI's findings.
Earlier this month, Justice Tuiqereqere granted the applicants leave to pursue judicial review, noting that while the COI Act limits certain remedies for individuals affected by its findings, avenues for redress must exist, particularly where findings are alleged to be untenable or where natural justice may have been denied.
The applicants have until March 27 to file and serve their written submissions, while the respondents must do so by April 2. The matter has been adjourned to the following Monday for confirmation of the availability of the transcripts.
This case highlights the ongoing legal scrutiny surrounding high-profile appointments and the processes governing them. The outcome of the judicial review could have significant implications for the governance and operational integrity of key institutions like FICAC.
As the hearing date approaches, all parties are expected to prepare detailed arguments to support their positions, and the legal community will be closely monitoring the developments in this pivotal case.
