Justice David E. Ashton-Lewis, a distinguished senior jurist and currently serving as a Judge of the Supreme Court of Fiji, has been appointed by President Wiliame M. Katonivere as the sole Commissioner to lead an inquiry into the recent appointment of Barbara Malimali as the Commissioner of the Fiji Independent Commission Against Corruption (FICAC), which took place on September 5, 2024.
The Commission of Inquiry is set to thoroughly investigate the integrity, fairness, and transparency of the appointment process. It aims to determine if the procedures adhered to legal standards and whether there were any improper or unlawful influences affecting the selection of the new FICAC Commissioner.
The Terms of Reference for the inquiry will also focus on investigating any vested interests that may have unlawfully or improperly impacted the appointment process, particularly in relation to ongoing FICAC cases involving prominent public figures, including Parliament members, Ministers, and senior officials.
Justice Ashton-Lewis has a notable legal background, having previously chaired the Constitutional Tribunal addressing allegations of misconduct against former Chief Justice Kamal Kumar, who unfortunately passed away before hearings commenced. He brings a wealth of experience from his roles as a Justice in both the High Court and the Fiji Court of Appeal from 1991 to 1996, and he also serves as an Adjunct Professor of Law.
Alongside Justice Ashton-Lewis, Janet Mason, a senior barrister with both New Zealand and Fijian citizenship, has been appointed as Counsel assisting the Commission. Mason is well-versed in public, governance, and constitutional law, having played critical roles in legal counsel for the Great Council of Chiefs and the Treaty of Waitangi Settlement negotiation team.
Justice Ashton-Lewis and Counsel Mason are expected to arrive in Fiji shortly to swear into their respective offices. Preparations for creating a secretariat to support the Commission’s work are already in progress.
This inquiry represents a significant step towards ensuring accountability and transparency in the governance of Fiji, highlighting the commitment of the country’s leadership to uphold fairness in public service appointments.
In summary, the establishment of this Commission underscores the importance of integrity in public institutions and reflects a proactive approach to addressing potential issues related to corruption and influence in government appointments. With experienced legal professionals at the helm, there is a hopeful outlook for a thorough and fair investigation process.
Leave a comment