The Fijian government is engaged in negotiations with the country’s Chief Justice, Salesi Temo, concerning a confidential settlement following serious allegations of corruption revealed in a Commission of Inquiry (COI) last year. The inquiry found Temo and others in a high-profile group to have potentially lied under oath and obstructed justice.
The inquiry, overseen by Australian judge David Ashton-Lewis, focused on the hiring practices of Barbara Malimali, the former head of the Fiji Independent Commission Against Corruption (FICAC). Temo’s attorney, Isireli Fa, claims that Ashton-Lewis overstepped his authority during the investigation and labeled his findings as “defamatory and baseless.” He added that the government prefers to keep the settlement’s terms confidential, emphasizing that it does not involve monetary compensation.
Fa explained that the motivation behind the settlement is to maintain harmony between the judicial and executive branches of government, avoiding any legal disputes that might jeopardize the integrity of the entire judicial process. Despite this, the specifics of the deal are still being worked out, highlighting Temo’s desire to protect the reputation of the Judiciary and the Judicial Services Commission (JSC).
The COI report, which was later redacted and released by Prime Minister Sitiveni Rabuka, also described Malimali as “universally corrupt,” noting her involvement with various government officials attempting to suppress allegations against them. Despite this, prosecutors subsequently dismissed all police inquiries linked to the COI, citing insufficient evidence.
The JSC, which Temo chairs, has voiced its concerns regarding the inquiry’s approach and has initiated a judicial review to contest the findings against its members. Fa criticized the inquiry’s conclusions as unsupported by facts, claiming that Ashton-Lewis acted outside the bounds of legal scrutiny by making damaging findings without proper warnings.
While Ashton-Lewis recommended that law enforcement look into these allegations, the Attorney-General’s office eventually recognized the lack of evidence supporting the claims and opted for a settlement instead. Since the inquiry, notable political repercussions have emerged, including the charging of former deputy prime minister Manoa Kamikamica with corruption and the resignation of a former Minister for Trade and Communications following perjury charges related to the COI.
Political opposition continues in Fiji, with the Fiji Labour Party vehemently opposing any out-of-court settlements and criticizing the push for confidentiality as “repugnant.” This highlights ongoing tensions as the government navigates the fallout from the COI while attempting to maintain stability within its judicial system.
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