The Fiji Law Society says Janet Mason, the counsel assisting the Commission of Inquiry into Barbara Malimali’s appointment as Commissioner of FICAC, should step aside while her matters remain unresolved.
Society President, Wylie Clarke says they did not intend to publicise their concerns regarding Mason’s continued participation in the Commission of Inquiry because of a directive that all of the matters discussed within it are “in camera” and not to be disclosed to the public.
However, Clarke says now that Mason, as counsel assisting the Commission of Inquiry, has elected to go public and give her version of what transpired, the Society wishes to clarify its position.
The Society says it did not and does not seek Mason’s “removal” from the COI.
Clarke says it is a matter of public record that there is currently a finding of misconduct by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal against Mason.
He says Mason has indicated that she has appealed that decision and it is her right to do so.
Clarke adds the Chief Registrar has raised concerns regarding Mason’s application for a Fiji practicing certificate and she has made serious allegations of a criminal nature against the Legal Practitioners Unit in relation to that application.
He says it is her right to do this also.
However Clarke says Mason’s continued involvement as Counsel Assisting the COI undermines confidence in the COI.
The Society says the Commission is inquiring into the legality and propriety of Malimali’s appointment as Commissioner of FICAC.
Clarke says 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.
He says confidence in the COI’s ability to undertake that process requires both the Commissioner and Mason’s integrity, propriety and professionalism to be beyond reproach. The Society says it has utmost confidence in the Commissioner in this regard.
However, Clarke says the finding of misconduct against Mason and unresolved issues regarding her application for a Fiji practicing certificate undermines that confidence in the COI.
He says it is of also concern that there is a possibility Mason may be unsuccessful in her appeal against the New Zealand Lawyers and Conveyancers Disciplinary Tribunal’s finding of misconduct.
He says that risks negatively impacting the COI.
He adds the cost of the COI is borne by the taxpayers of Fiji and the work the COI is undertaking is of great public importance. The Society also believes the COI must complete its inquiry.
It says the taxpayers of Fiji have already incurred cost for the work the COI has done thus far and that should not be wasted.
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