Prime Minister Sitiveni Rabuka says he will appeal the High Court ruling that declared aspects of the Commission of Inquiry into the appointment of former FICAC Commissioner Barbara Malimali unlawful.

He maintains that he will resign if he ultimately loses the case.

Rabuka said his appeal would not challenge the entire ruling, but would focus on parts that relate to his actions and advice in the process.

He said the decision on whether to pursue the appeal was made after discussions with his legal advisers.

“I’m going to appeal it,” Rabuka said.

On his earlier commitment to resign if the judicial challenge over the COI process did not succeed, Rabuka confirmed that position remains.

He said the matter could progress beyond the High Court to the Court of Appeal and, if necessary, the Supreme Court.

Rabuka also rejected suggestions that the High Court ruling meant he had failed to provide affected individuals with an opportunity to respond before action was taken.

He maintained that this was outside the scope of the advice he provided.

The Prime Minister was also questioned about the millions of dollars spent on the Commission of Inquiry, particularly given that the High Court has now quashed findings arising from the process.

Rabuka could not confirm the total expenditure, saying he had not seen the audited accounts.

Rabuka was also asked whether the latest ruling represented another judicial setback for his administration, following the second judicial review challenge against decisions associated with his government.

He said the government would continue to pursue every available avenue to address matters it believed were not correct.

The Prime Minister also addressed questions about legal advice provided to him and the President, saying he had his own principal adviser as well as advice from the Solicitor-General and the Attorney-General at the time.