Court Mandates Formal Discovery in Malimali Case

Ex-FICAC Chief’s Bid to Question Top Officials Faces Procedural Hurdle

The Suva High Court has stipulated that a formal discovery application must precede any cross-examination of senior government figures involved in the ongoing case of former FICAC Commissioner **Barbara Malimali**.

Legal Proceedings Advance

Lawyer **Tanya Waqanika** informed the court of their intention to question President **Ratu Naiqama Lalabalavu** and Prime Minister **Sitiveni Rabuka**. Judge **Dane Tuiqereqere** directed both parties to submit an application for discovery.

The case has been adjourned until September 8, when a hearing date will be set. **Barbara Malimali** is contesting her dismissal, which she asserts was unlawful. She was suspended and subsequently removed from her post last month, acting on the Prime Minister’s counsel.

Context of the Dispute

The legal challenge centers on **Malimali’s** removal from her position as Commissioner of the Fiji Independent Commission Against Corruption (FICAC). The President’s decision, following advice from the Prime Minister, led to her dismissal. This procedural requirement for discovery is a common step in legal cases to ensure all parties have access to relevant evidence before challenging key figures.

The requirement for a formal discovery application underscores the court’s commitment to due process. In Fiji, legal proceedings can sometimes involve intricate procedural steps, mirroring practices in other Commonwealth jurisdictions. For example, the pre-trial discovery process is crucial for transparency and fairness, ensuring allegations are substantiated with evidence.