The Council of the Fiji Law Society believes that Janet Mason should step aside as Counsel Assisting the Commission of Inquiry into Barbara Malimali’s appointment as Commissioner of FICAC.
In a statement, the Council stated that while the Society does not seek her removal, her continued involvement, in light of unresolved issues—including a misconduct finding by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal, her appeal against that finding, and concerns raised by the Chief Registrar regarding her Fiji practising certificate application—undermines public confidence in the inquiry, which requires the “highest standards of integrity and professionalism.”
“The Society is of the view that Mrs. Mason should step aside while these matters remain unresolved. The COI is inquiring into the legality and propriety of Ms. Malimali’s appointment as Commissioner of FICAC. An essential element of the inquiry therefore is holding public officials and others to account for their decisions and to a high standard of integrity, propriety and professionalism,” the FLS Council stated. “Confidence in the COI’s ability to undertake that process requires both the Commissioner and Mrs.Mason’s integrity, propriety and professionalism to be beyond reproach. The Society has utmost confidence in the Commissioner in this regard. However, the finding of misconduct against Mrs. Mason and unresolved issues regarding her application for a Fiji practising certificate undermines that confidence in the COI.
“It is of also concern that there is a possibility Mrs. Mason may be unsuccessful in her appeal against the New Zealand Lawyers and Conveyancers Disciplinary Tribunal’s finding of misconduct. That risks negatively impacting the COI.”
The Society also highlighted the importance of completing the inquiry, given its significant public interest and taxpayer funding.
“The cost of the COI is borne by the taxpayers of Fiji, and the work the COI is undertaking is of great public importance. For this reason, confidence in Mrs. Mason and, by extension, the COI is of paramount importance and should not be undermined by these legitimate concerns,” the statement read. “The Society also believes the COI must complete its inquiry. The taxpayers of Fiji have already incurred costs for the work the COI has done thus far, and that should not be wasted.”
The Council’s stance is in contrast to that of Prime Minister Sitiveni Rabuka, who told Mai TV today that he does not believe Mason’s disciplinary record was significant enough to undermine the Commission of Inquiry’s credibility.
The Council added that it did not initially intend to make its concerns public, but that Mrs. Mason’s public statements prompted their response.
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