Attorney-General Graham Leung stated that his office has not yet received the legal opinion from the Queen’s Counsel regarding whether the Judicial Services Commission (JSC) has the power to suspend the Commissioner of the Fiji Independent Commission Against Corruption (FICAC), Ms. Barbara Malimali, a situation he described as "unusual."
Reportedly, this legal opinion, provided by New Zealand's Queen's Counsel Philip Joseph, was obtained by Janet Mason, the lawyer assisting the investigative committee looking into the matter of Ms. Malimali's appointment.
Yesterday, when questioned by the media about the Queen’s Counsel's legal opinion on the suspension of Ms. Malimali, Mr. Leung indicated he had not yet received it. "I have not seen the Queen's Counsel's opinion," Mr. Leung said, adding, "It is unusual that the Government's legal advisors have not received the opinion on this matter."
Mr. Joseph stated in his legal opinion that the Judicial Services Commission does have the power to suspend Ms. Malimali. This comes after the Judicial Services Commission had previously informed the investigative committee that they did not possess such authority.
Commissioner David Ashton-Lewis, a judge of the High Court of Fiji, was appointed on October 29th of last year to investigate Ms. Malimali's appointment and whether the appointment was conducted according to prescribed procedures.