As the preliminary hearing against the suspended Chief Justice Daniel Fatiaki by the three member tribunal, is expected to start next Monday, there is no timeframe set on when their Inquiry will conclude.

Interim Attorney General Aiyaz Sayed Khaiyum said the tribunal chaired by Justice Robert James Elicott will sort out their timetable next week and decide its own course.

Sayed Khaiyum added that the AG's office will not interfere in the process as they will only facilitate the tribunal with information. He added that Justice Fatiaki will also be allowed to be present during the preliminary inquiry.

The tribunal has been appointed by the President to lead the inquiry against the suspended Chief Justice.

The six allegations of misbehavior against Justice Fatiaki include for the years 1998 to 2005, he allegedly dishonestly and willfully falsified his income tax return for each year to the Inland Revenue Division of FIRCA. 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. 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.

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 is 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 has refused to make any comments.