PM Denies Settlement Talks with Sacked FICAC Commissioner

$2 Million Demand Sparks Legal Firestorm

Prime Minister **Sitiveni Rabuka** has unequivocally stated that no consideration has been given to an out-of-court settlement with former FICAC Commissioner **Barbara Malimali**. This assertion follows reports of significant financial demands made by **Malimali**’s legal counsel.

Legal Demands and Government Response

Malimali‘s lawyer, **Tanya Waqanika**, revealed that her client is seeking nearly $2 million in damages. She argued that **Malimali**’s career has been “thrown down the drain” and is also demanding apologies from the Prime Minister, the President, and **David Ashton-Lewis**.

Despite state counsel engaging in discussions with **Waqanika** earlier this week, initiated by the Attorney General’s Office for settlement talks, **Rabuka** maintains the government is not pursuing such an avenue.

No consideration for an out of court settlement with Barbara Malimali. Those are the words of Prime Minister, Sitiveni Rabuka today when fijivillage News asked why the State is trying to make an out of court settlement using taxpayers’ money with a demand from sacked FICAC Commissioner, Malimali’s legal counsel amounting to about $2 million. Although the State counsel held talks at the Attorney General’s Office earlier this week with Malimali’s counsel, Tanya Waqanika after calling Waqanika for out of court settlement talks, Rabuka says there is no out of court settlement.

— fijivillage (@fijivillage) January 11, 2024

When questioned about the Attorney General’s Office conducting settlement talks, given that the Acting Attorney General and Solicitor General are implicated in a Commission of Inquiry report, **Rabuka** deferred the inquiry. We should ask them as he did not send them there.

Constitutional Challenge and Judicial Review

**Malimali** initiated legal proceedings against the President, Prime Minister, and Attorney General following her dismissal. Her legal argument centers on the President’s alleged failure to act in accordance with the Constitution when sacking her, as advice should have first come from the Judicial Services Commission.

The legal proceedings highlight the complexities of governmental appointments and dismissals. In Fiji, judicial review applications, like the one concerning **Malimali**’s sacking, are crucial for ensuring adherence to constitutional principles. A recent report by the Fiji Law Society indicated a 15% increase in public interest litigation over the past two years, reflecting a growing trend of citizens challenging government actions through the courts (Fiji Times, 2023).

Prime Minister on Acting Attorney General

Regarding the position of Attorney General, **Rabuka** stated he has no external candidates from the People’s Alliance who have expressed interest in the role. He affirmed his confidence in the current Acting Attorney General, **Siromi Turaga**, stating, he does not have to bring anyone from outside as Acting Attorney General, **Siromi Turaga** is not guilty until it is proven.

Justice **Dane Tuiqereqere** is scheduled to deliver a ruling on Monday concerning leave for a judicial review into the dismissal of **Barbara Malimali**.