A three member tribunal to lead an inquiry into the alleged misbehaviour of suspended Chief Justice Daniel Fatiaki has been appointed today by President, Ratu Josefa Iloilo.
Interim Attorney General, Aiyaz Sayed Khaiyum said the tribunal will be chaired by Justice Robert James Elicott. Justice Elicott was the judge of the Federal Court of Austraila. He is also a former Solicitor General and Attorney General of Australia. He also represented Australia before the International Court of Justice in the Nuclear Test case and Justice Elicott has also been a judge of the Court of Arbitration for Sport established by the International Olympic Committee.
The second member of the tribunal is Justice Raymond Sears who is a judge of the High Court in Hong Kong and the third member is Tan Sri Datuk Doctor Lal Chand Vohrah who has been a judge of the High Court of Malaysia from 1978.
Suspended CJ, Justice Fatiaki has been served with allegations that he has to answer to before the tribunal.
Sayed-Khaiyum has also revealed that the six allegations that Justice Fatiaki faces have been delivered to him this morning.
The allegations of misbehavior include that:
1. For the years 1998 to 2005, Justice Fatiaki allegedly dishonestly and willfully falsified his income tax return for each year to the Inland Revenue Division of FIRCA by failing to declare dividends from share holdings, failing to declare monthly receipts from two properties owned by Justice Fatiaki in Suva and failing to declare an honorarium of $30,000 received from the Fiji Law Reform Commission. It is also alleged that Justice Fatiaki failed to declare interest payments from the banks in Suva and Vanuatu and also allegedly failed to declare allowances and benefits derived from sitting as an appellant Judge in Vanuatu.
2. The second allegation of misbehavior against Justice Fatiaki is that he allegedly admitted in writing to FIRCA by way of a letter dated 10th August 2007 that he had undisclosed assessable income for the years 1998 to 2005.
3. The third allegation against Justice Fatiaki deals with the alleged misappropriation of the sum of $5,000 which was the property of the Government of Fiji and was an overpayment of the honorarium due to him from the Fiji Law Reform Commission and he further allegedly omitted to declare the said overpayment to FIRCA in his letter in August this year.
4. The fourth deals with Justice Fatiaki allegedly failing to apply for and take leave from his Fiji employer, the Government of Fiji, to work as an Appellate Judge in Vanuatu.
The last two allegations leveled against Justice Fatiaki in relation to the year 2000.
It is alleged that in May 2000, Justice Fatiaki allegedly actively and voluntarily participated in the discussion of, and preparation of, advice to the then President to appoint a Caretaker Prime Minister, to prorogue parliament, to dismiss the cabinet and to accept the resignation of the said Caretaker Prime Minister.
The last allegation of misbehavior deals with Justice Fatiaki, together with the then Chief Justice Timoci Tuivaga and Justice Michael Scott allegedly assisted in the drafting of the Administration of Justice Decree 2000 and the Judicature
Decree 2000, between May and June 2000. It is alleged that these decrees purported to abolish the Supreme Court, extend the retirement ages and to remove the obligation of certain judges, including themselves, to make the Judicial Oath or Affirmation to uphold the constitution, thereby aiding and abetting the abrogation of the constitution.
Justice Fatiaki is expected to comment in the next hour.
