Photo: RNZ / Samuel Rillstone
Fiji's Judicial Services Commission (JSC) wants commission of inquiry findings - into the sacked head of the country's anti-corruption agency - quashed.
The JSC has filed a judicial review of the findings of the inquiry which include recommendations against the JSC and its officers.
We will know more about the civil proceedings after its first hearing before the Suva High Court on Friday 26 September.
Justice David Ashton-Lewis lead a six-week commission of inquiry into Barbara Malimali's appointment, during which he described her as "universally corrupt."
Her lawyer Tanya Waqanika told Pacific Waves in July that Justice David Ashton-Lewis' public remarks had destroyed Malimali's legal career.
In the inquiry report Australian judge found cases of lying under oath, obstruction of justice and perversion of the course of justice.
Prime Minister Sitiveni Rabuka released a redacted copy of the final commission report on the government's website on 1 July but leaked copies had been circulating for weeks.
The JSC's legal challenge has been criticised by the Parliamentary Opposition, which has described it as a "crisis of integrity".
The civil case is being brought by Chief Justice Salesi Temo, who is the chairman of the JSC and Chief Registrar Tomasi Bainivalu, who is the secretary.
The Commission of Inquiry, the acting Attorney-General Siromi Turaga and Justice Ashton-Lewis are named as the other party.
Suva lawyer Isireli Fa, who is representing the JSC, told RNZ Pacific that the judicial review application raised serious concerns about how the inquiry was conducted.
"We take issue with the inquiry's interpretation of certain sections of the FICAC Act 2007, that relate to the appointment and powers of its Commissioner," Fa said.
"And we question the inquiry's interpretation of section 82 of the 2013 Constitution, on the role of the JSC in advising the president on the Commissioner's position."
He said they found the commission's interpretations "inconsistent with the established rules of statutory interpretation" leading to "serious unintended consequences".
"In our opinion, they are inconsistent with the evidence that was before the Commission of Inquiry," he said.
In a statement, the Opposition also criticised Rabuka and President Ratu Naiqama Lalabalavu, accusing them of inaction over the findings.
"They are allowing this crisis to unfold, putting personal and customary loyalties above the Constitution. This is not just about one man; it is about the very foundation of the nation," the Opposition said.
"The rule of law must be upheld. National leaders must fulfil their constitutional duties."
