Fiji's Ashton-Lewis Commission of Inquiry Faces Judicial Review Ahead of December Hearing

Fiji’s Ashton-Lewis Commission of Inquiry Faces Judicial Review Ahead of December Hearing

Four individuals connected to the contentious Ashton-Lewis Commission of Inquiry report are set to have their judicial review application heard in December. The applicants include former Fiji Independent Commission Against Corruption (FICAC) commissioner Barbara Malimali, current Fiji Law Society president William Wylie Clarke, the society’s immediate past president Laurel Vaurasi, and former attorney-general Graham Leung.

The group is challenging the legitimacy of the report, seeking an order to overturn its findings and recommendations, along with further declarations related to the inquiry. The respondents in these cases are the Commission of Inquiry (COI) examining Ms. Malimali’s appointment, along with associated parties. The hearing is scheduled to begin on December 12.

This development comes on the heels of prior revelations concerning the inquiry, particularly those articulated by Justice David Ashton-Lewis. He noted that nine individuals, including high-ranking officials, are suspected of obstructing justice during the inquiry. The allegations include perjury and manipulation within the appointment process, raising substantial concerns regarding the integrity and motives behind Malimali’s swift rise to power.

The soaring tensions surrounding Malimali’s appointment are compounded by accusations of politically motivated interference designed to shield certain officials from scrutiny. Assertions have been made that her appointment could reflect deeper systemic issues, including accusations of ethical failures in Fiji’s governance.

Prominent legal figures, including Clarke and former Prime Minister Mahendra Chaudhry, have called for transparency in the COI’s findings, emphasizing the urgent need to clarify the dubious circumstances surrounding Malimali’s selection. The ongoing inquiry is viewed as pivotal, not only for holding individuals accountable but also for redefining the standards of governance in Fiji.

There is a collective hope that these proceedings will generate significant reforms and restore faith in Fiji’s political institutions. The scrutiny applied to these appointments is viewed as an essential step toward enhancing accountability and transparency within the government. Such momentum could prove to be influential in fostering a governance culture committed to ethical practices, thereby reinforcing public trust in state affairs.


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