The preliminary hearing in the much anticipated inquiry against the suspended Chief Justice Daniel Fatiaki got underway this morning.

In his opening remarks, chairman of the Tribunal Justice Robert Elicott stressed that no member of the tribunal was part of preparing the charges or have seen any evidence in relation to the allegations against Fatiaki and have come in with an open mind.

Justice Elicott also highlighted the allegations against Fatiaki are serious, however, unlike a court of law, the burden of proof does not have to been proven beyond reasonable doubt.

The chairman also said that this is not a lame duck tribunal as they have wide ranging powers as prescribed under the constitution to summon people to appear before them to give evidence.

Lawyer representing Fatiaki, Graham Leung in his opening remarks advised that his appearance is conditional as Fatiaki is bringing in a counsel from New Zealand to prepare his defense.

Leung then informed the 3 members of the Tribunal that they are being included in Fatiaki's constitutional case where he claims that his suspension as Chief Justice and the subsequent appointment of the Tribunal was unlawful, void and is of no effect.

He then cautioned the tribunal to tread carefully as the outcome of Fatiaki's civil case could determine the integrity and legality of the tribunal proceedings and suggested that the Inquiry be aborted until the case is resolved.

However, the members of the tribunal stressed that a process must be deemed legal until a Court rule otherwise and in the case of the tribunal there are no such orders yet and the tribunal must proceed with its work.

The Tribunal sitting resumed in the last hour and the hearing date for the inquiry has been set for February 13th to February 29th and would resume again on April 8th of the Inquiry hearing is not complete.

It was also decided that the Tribunal Assistants are to file the evidence and witnesses statements by December 17th and give time for Fatiaki to prepare his defense.