Fiji Law Society Demands Supreme Court Judge’s Resignation: Controversy Unfolds

The Fiji Law Society has publicly called for the resignation of Supreme Court judge David Ashton-Lewis following his controversial comments during a recent Australian radio interview, where he disclosed sensitive details related to the ongoing Commission of Inquiry (COI) he leads. Wylie Clarke, President of the Fiji Law Society, emphasized that judges in Fiji must remain politically neutral and exercise discretion when discussing matters they are involved in.

Clarke highlighted that the integrity of the judiciary is paramount, especially at the highest court level, which has seen significant progress in maintaining judicial independence since 2022. He expressed concern that Ashton-Lewis’s remarks, which included criticisms of government officials without providing the accused access to the findings of the COI, could undermine the entire process and erode public trust in the judiciary.

The Fiji Law Society has stated that considerable resources—potentially millions of dollars—have been invested in the COI, and the chaotic post-COI processes have raised alarms about the potential violation of constitutional guarantees of procedural fairness under section 16 of the 2013 Constitution of Fiji. Clarke reiterated that if Ashton-Lewis does not resign voluntarily, he may face disciplinary proceedings as outlined in section 112 of the same constitution.

This situation links to previous controversies involving judicial appointments and conduct, including the inquiry into the controversial appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC). Clarke cautioned against compromising standards of judicial conduct, urging that the Law Society is prepared to challenge any issues regarding the qualifications of judicial officers as necessary.

There is hope that these discussions will lead to stronger safeguards for judicial independence and integrity, potentially sparking meaningful reforms in the governance framework. As these inquiries progress, they underscore the collective desire for a transparent, accountable system in Fiji, reinforcing the need to uphold ethical standards in public service.