Senior barrister Janet Mason

The Fiji Law Society has clarified that it did not intend to publicise its concerns regarding senior barrister Janet Mason’s continued participation in the Commission of Inquiry into Barbara Malimali’s appointment as FICAC Commissioner.

The FLS in a statement says that this is because of a directive that all of the matters discussed within the inquiry are “in camera” and not to be disclosed to the public. However, it says that now that Mason who is assisting the Commissioner of Inquiry, has elected to go public and give her version of what transpired, the Society wishes to clarify its position.

The FLS says it did not and does not seek Mason’s “removal” from the COI. It says that 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 her. Mason has indicated that she has appealed that decision and it is her right to do so.

The FLS states that the Chief Registrar has raised concerns regarding Mason’s application for a Fiji practising certificate and she has made serious allegations of a criminal nature against the Legal Practitioners Unit in relation to that application. It is her right to do this also.

The Society is of the view that Mason should step aside while these matters remain unresolved. It says this is because Mason’s continued involvement as Counsel Assisting the COI undermines confidence in the COI. The FLS says the COI is inquiring into the legality and propriety of 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 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 has utmost confidence in the Commissioner in this regard.

However, it says the finding of misconduct against Mason and unresolved issues regarding her application for a Fiji practising certificate undermines that confidence in the COI.

The FLS says it is also of concern that there is a possibility Mason may be unsuccessful in her appeal. It says that risks negatively impact the COI.

According to FLS 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, it says confidence in Mason and, by extension, the COI is of paramount importance and should not be undermined by these legitimate concerns. The Society also believes the COI must complete its inquiry as the taxpayers of Fiji have already incurred cost for the work and it should not be wasted.