In a recent session at the High Court in Suva, concerns were raised regarding Justice David Ashton-Lewis, who oversaw a contentious Commission of Inquiry (COI). Lawyer Isireli Fa, representing the Judicial Services Commission (JSC), described Justice Ashton-Lewis as a “drag” on judicial proceedings and advocated for his removal from the case.
The remarks came during discussions about a confidentiality issue tied to the settlement terms agreed upon by the JSC, the COI, and the Attorney-General. Fa noted that Justice Ashton-Lewis was largely nominal in these proceedings yet had contributed to delays by emphasizing the need to cite the terms of the settlement.
It was mentioned that a notice of discontinuance had already been submitted against Justice Ashton-Lewis, coupled with a $5,000 offer in costs, which has yet to receive a response. Hemendra Nagin is representing Justice Ashton-Lewis in this matter.
Justice Dane Tuiqereqere, presiding over the case, indicated that any request for a confidentiality order would require compelling justification before the court could grant it. He instructed Fa to submit the final terms of settlement for examination, along with written arguments supporting the request by January 27.
This case is tied to an earlier judicial review application filed by the JSC, which sought to annul the findings and recommendations made by the COI regarding the appointment of Barbara Malimali as the Commissioner of the Fiji Independent Commission Against Corruption (FICAC). The proceedings will continue, with the next hearing scheduled for March 23.
The legal complexities surrounding this case highlight ongoing discussions about judicial accountability and transparency, reflecting a critical moment for the integrity of the judiciary in Fiji. As this case proceeds, it will be essential to monitor how these issues of confidentiality and procedural integrity are resolved in the upcoming hearings.
Leave a comment