Fiji’s Chief Registrar Tomasi Bainivalu has written to Janet Mason, the senior legal counsel in the FICAC Commission of Inquiry to clarify why she did not disclose she had a pending disciplinary matter in NZ when she applied for a practicing certificate in Fiji.
According to sources – the Chief Registrar wrote to Ms Mason on 16th January and has given her five days to respond to the matter.
It is understood that Mason had declared she had a finding of unsatisfactory conduct by the NZ Law Society when she applied for a practicing certificate in Fiji from 2022 to 2023. However it seems she did not disclose or declare this pending disciplinary matter at all in her most recent application, or the fact that she has yet to file submissions on her penalty.
Ms Mason was granted an interim practicing certificate a week before the commencement of the FICAC Commission of Inquiry.
Documents from the New Zealand Lawyers and Conveyancers Disciplinary Tribunal hearing held in October last year and sighted by Mai TV show that Mason is facing a disciplinary penalty in New Zealand for failing to comply with a disciplinary order.
Ms Mason was directed to file submissions on her penalty by 24th January this year before a date is set for her professional penalty hearing.
Mason told Mai TV last week that the issue is a minor one and is being used by some to shut the FICAC Commission of Inquiry down – but legal sources counter that this is a matter of institutional integrity.
“Even if it is a minor issue, it must be disclosed and declared – as a matter of integrity,” sources tell Mai TV.
“It must be addressed to protect the legal institution – that if people come to practice from abroad, they must come clean and declare or disclose particularly any pending disciplinary issue they are involved in.”
“Mason is not the only counsel from overseas coming in to our bar, and the standard must be met by all who come to practice here.”
It is understood Mason is yet to respond to the Chief Registrar’s letter and there are no indications at this stage if her continued participation could compromise the FICAC Commission of Inquiry.
