The Fiji Law Society has urged the resignation of Justice David Ashton Lewis, the Commissioner of the Commission of Inquiry (COI), due to alarming concerns regarding judicial independence and his conduct. Society President Wylie Clarke publicly criticized Justice Lewis for comments that he believes jeopardize the integrity of Fiji’s judiciary, particularly at the Supreme Court level.
President Clarke emphasized the substantial advancements made in strengthening judicial independence since 2022, underscoring the imperative to maintain these improvements without compromise. He indicated that Justice Lewis’s “intemperate comments,” especially his frequent reference to interactions with the Prime Minister, signal a serious misunderstanding of his responsibilities as both a Supreme Court justice and a commissioner leading a politically sensitive inquiry.
The Law Society’s statement reflects a growing apprehension within the legal community over public confidence in the judiciary, especially concerning politically charged matters. Clarke argued that a judge’s independence from government and political influences is essential, and noted that Lewis’s comments may undermine the faith of those appearing before him in receiving a fair hearing, particularly in cases involving political implications.
This situation carries echoes of Justice Ashton-Lewis’s recent inquiries. For instance, he had previously addressed similar concerns regarding the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC). His role has not only involved scrutinizing the integrity of such appointments but also speaking on potentially sensitive matters publicly.
As this case unfolds, there remains cautious optimism that the scrutiny applied to judicial appointments and the calls for accountability will eventually lead to reforms that strengthen Fiji’s commitment to judicial integrity and public trust in governance. The situation invites renewed discussions on the balance between judicial independence and public accountability, which is crucial for the healthy functioning of the legal system and democracy in Fiji.
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