Justice David E. Ashton-Lewis, a senior Australian jurist and current Judge of the Supreme Court of Fiji, has been appointed by President Wiliame M. Katonivere as the sole Commissioner to investigate the recent appointment process of the Commissioner of the Fiji Independent Commission Against Corruption (FICAC), Barbara Malimali. This inquiry, set to begin on September 5, 2024, aims to determine whether the appointment was made with integrity, fairness, and transparency, as prescribed by law.
The Commission of Inquiry will focus on evaluating the legitimacy of the appointment process and explore any potential improper influences, including those related to ongoing FICAC investigations involving notable figures such as Members of Parliament, Ministers, and senior public servants. This examination serves to uphold the principles of accountability and ensure that the justice system operates without bias or corruption.
Justice Ashton-Lewis has a notable legal background, having previously chaired the Constitutional Tribunal aimed at addressing allegations against former Chief Justice Kamal Kumar, who passed away before proceedings could proceed. He has held positions in both the High Court and the Fiji Court of Appeal and contributes to legal education as an Adjunct Professor of Law.
In addition, Janet Mason, a senior barrister with extensive experience in public, governance, and constitutional law, has been appointed as Counsel assisting the Commission. Mason’s credentials include work with the Great Council of Chiefs and pivotal roles in negotiating the Treaty of Waitangi Settlement.
The anticipated arrival of Justice Ashton-Lewis and Counsel Mason marks a critical step toward enhancing transparency in Fiji’s governance. As they prepare to assume their roles, arrangements are in place to establish a secretariat that will support the Commission’s operations.
This inquiry is a sign of Fiji’s commitment to fostering an accountable public service and reinforcing the integrity of its judicial appointments. The involvement of such experienced legal professionals promises a thorough examination of the issues at hand, paving the way for potential reforms and greater public trust in the governance system.
Overall, this initiative illustrates the importance of maintaining the rule of law and ensuring that those in positions of power are held accountable to the public.
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