The Fiji Labour Party (FLP) says Prime Minister Sitiveni Rabuka is right to appeal the High Court judgment that declared the Commission of Inquiry (COI) report into the appointment of Barbara Malimali as FICAC Commissioner null and void.

FLP Leader Mahendra Chaudhry said that while the High Court had identified procedural and legal flaws in the inquiry, the judgment did not remove the serious concerns that led to the establishment of the Commission of Inquiry.

Chaudhry said issues surrounding Malimali’s appointment, including allegations of improper influence and concerns about the integrity of public institutions, remained matters of significant public importance.

“The issues surrounding Malimali’s appointment, allegations of improper influence, and concerns about the integrity of public institutions remain matters of public importance,” Chaudhry said.

The FLP believes several aspects of the High Court judgment should be tested by the Court of Appeal.

These include the finding that the Commission of Inquiry could not lawfully be extended, the conclusion that events following Malimali’s appointment fell outside the inquiry’s scope, and the requirement for affected persons to be provided with draft findings before a final report is released.

The party also believes the findings relating to irrationality and apparent bias against the Commissioner, as well as the decision to declare the entire report null and void rather than removing only defective findings, warrant further consideration.

Chaudhry said the principles of natural justice require individuals to know the case being made against them and to have a fair opportunity to respond.

However, he said there was a need for the higher courts to clarify whether this principle also requires draft findings to be provided to affected persons before publication of a final report.

“The appeal will help clarify important legal principles and ensure certainty for future commissions of inquiry,” he said.

The FLP said it remains committed to promoting accountability, transparency, good governance and the rule of law, while supporting the appeal as an opportunity to provide greater legal clarity on the conduct and findings of commissions of inquiry.