Justice David Ashton-Lewis, the Commissioner overseeing the inquiry into the contentious appointment of Barbara Malimali as the Fiji Independent Commission Against Corruption (FICAC) Commissioner, has been given a deadline of December 3 to report his position to the High Court. This development follows a statement from Solicitor-General Ropate Green, who represented the inquiry and the Attorney-General, indicating that he has not yet received instructions from Justice Ashton-Lewis, who was formally notified about the ongoing proceedings.
Justice Ashton-Lewis was served an affidavit of service on October 22 at a location on the Gold Coast. He has a 42-day timeline, which will lapse next month, to respond. During the proceedings, principal lawyer Isireli Fa, representing the Judicial Services Commission (JSC), called for a prompt hearing, arguing that Justice Ashton-Lewis’s involvement has been largely nominal as he is acting on behalf of the inquiry.
Justice Tuiqereqere, presiding over the case, noted correspondence from Sherani & Co indicating that Justice Ashton-Lewis intends to actively participate in the proceedings, although no formal application has been made on his behalf yet. The JSC has submitted a motion for judicial review of the Commission of Inquiry report, seeking to nullify its findings and recommendations.
The case will be revisited on November 28 to ascertain Justice Ashton-Lewis’s status and readiness to proceed with the hearing scheduled for December 12. Prominent figures named in the inquiry report, including four individuals, have also filed separate applications for judicial review, emphasizing the widespread implications of this inquiry.
In a related context, the Fiji Law Society has previously expressed serious concerns regarding Justice Ashton-Lewis’s remarks during interviews, alleging that he breached his duties and confidentiality expectations. Society President Wylie Clarke highlighted these statements as potentially damaging to public trust in Fiji’s judicial integrity.
The ongoing inquiry is seen as a vital mechanism to reinforce accountability and transparency within Fiji’s governance. Expectations are set high that this investigation will pave the way for necessary reforms, upholding fair and ethical practices in public service and restoring confidence in the judicial system. The outcomes may not only impact the immediate parties involved but are poised to set a precedent for ethical governance practices in the nation moving forward.
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