25 Sep 2023

Application filed for Fiji's suspended chief justice tribunal hearing to be public

3:37 pm on 25 September 2023
Acting CJ, Kamal Kumar

Fiji's suspended chief justice Kamal Kumar Photo: ADB

The tribunal appointed by Fiji's President Wiliame Katonivere to investigate allegations of misbehaviour against the suspended chief justice Kamal Kumar will be meeting on Tuesday and Wednesday this week.

Katonivere suspended Kumar in January after receiving advice from the Prime Minister Sitiveni Rabuka under section 111(4) of the 2013 Fiji Constitution.

On August 15, Katonivere appointed a four-member tribunal including Justice David Lewis, Justice Jiten Singh, Justice Filimone Jitoko, and Justice William Desmond Calanchini.

The tribunal will be sitting tomorrow for two days hearing at the Court of Appeal 1 in Suva.

RNZ Pacific can confirm that an application has been made for the tribunal hearing to be public and a decision is expected to be made on Monday afternoon on wheather the hearing will be open to the public.

According to the 2013 Constitution, section 15(4) states "hearings of courts (and other military courts) and tribunals established by law must be open to public unless the interests of justice requires otherwise."

Kumar is suspended on full pay and benefits.

Timeline:

January 24 - The contents of the complaints were put to the Kamal Kumar by Rabuka.

January 27 - Kumar's responses received by Rabuka

January 29 - Katonivere informs Kumar that "having regard to the nature of some of the matters complained of and the responses", he is suspended from office pending investigation and referral to the tribunal.

February 1 - Katonivere appoints Justice Salesi Temo as acting chief justice at State House in Suva, after advice by Rabuka.

August 15 - Katonivere appoints the tribunal according to Chapter 5, Part A, Section 111(3)(a)(i) of the 2013 Constitution.