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Fiji former High Court judge’s memoir underscores need for visible judicial independence

Gavel resting on a court desk in a courtroom setting.

A former contract judge who sat on Fiji’s High Court has revealed that one of his rulings — which awarded a parliamentary seat to an opposition candidate — drew open displeasure from Fiji’s then attorney‑general, an episode he says underlined the need for visible judicial independence.

David Alfred made the disclosure at the Kuala Lumpur launch on Friday of his memoir, Legal Passages: Memoirs of a Judge. Alfred, 80, served as a contract judge in Fiji’s High Court from 2015 to 2019 and said the incident took place while he was sitting on Fiji’s Court of Disputed Returns. “This incurred the ire of the then attorney‑general, who did not hesitate to openly express his dissatisfaction with my decision,” he told the audience, adding that the episode reinforced his belief that judges must not only claim independence but demonstrate it through fearless, impartial judgments.

Alfred began writing the memoir during the COVID‑19 lockdown in 2020. The book, published by Thomson Reuters Malaysia, traces his childhood, more than three decades in private legal practice in Malaysia, a later role as in‑house counsel for two commercial banks, and his judicial career — including time on Fiji’s superior courts and occasional invitations to sit on the Fiji Court of Appeal. The launch was led by Hishamudin Yunus, chairman of the Human Rights Commission of Malaysia, who studied law alongside Alfred in England.

In Kuala Lumpur, Alfred spoke pointedly about the personal and institutional pressures judges may face in politically sensitive matters. “A judge could not merely claim to be independent but must show he is independent by demonstrating high self‑esteem and delivering judgments plainly made without fear, favour or prejudice,” he said, framing his memoir as part recollection and part plea for robust judicial standards.

Alfred’s public account arrives as Fiji continues to grapple with high‑profile legal battles that have tested the judiciary’s relationship with political leaders. In recent months and years, a string of headline cases — including disputes over the dismissal of public officials and rulings involving prominent political figures — have drawn intense public and political scrutiny, prompting debate about accountability, separation of powers and the courts’ role in governance. Alfred’s reflections are likely to add an experienced jurist’s perspective to those discussions.

The memoir launch also highlighted Alfred’s unusual career arc: after decades in private practice and corporate legal roles, he “elected to retire,” only to be invited to serve on foreign benches. His account offers a rare inside view of adjudicating contested electoral outcomes and the frictions that can arise when judicial decisions alter political balances.

Legal Passages is positioned by Alfred as both a personal history and a contribution to wider conversations on judicial independence. By recounting an episode in which an attorney‑general openly registered displeasure with a court ruling, Alfred is underscoring the need for judges to be seen upholding independence — a theme that could renew debate in Fiji about how the judiciary navigates politically charged cases while maintaining public confidence.


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