The Inquiry hearing into allegations of misbehavior against the suspended Chief Justice Daniel Fatiaki is set to be heard before the Independent Tribunal in February next year.

The preliminary hearing got underway this morning, with Tribunal Chairman Justice Robert Elicott stressing 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.

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 hearing date for the inquiry has been set for February 13th to February 29th and would resume again on April 8th if the process is not complete.