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 for a Commission of Inquiry. This Commission will investigate the recent appointment of Barbara Malimali as the Commissioner of the Fiji Independent Commission Against Corruption (FICAC), which took place on September 5, 2024.
The primary role of the Commission of Inquiry will be to evaluate whether the appointment process adhered to principles of integrity, fairness, and transparency, and complied with legal standards. Additionally, the inquiry will investigate any potential improper or unlawful influences that may have affected the appointment of the FICAC Commissioner.
The Terms of Reference for this Commission will also include scrutiny of whether vested interests—such as ongoing FICAC investigations involving prominent figures, including Members of Parliament, Ministers, and senior public servants—had any improper or unlawful sway over the process leading to Commissioner Malimali’s appointment.
Justice Ashton-Lewis has a rich background in law and the judiciary, having previously served as a Justice of the High Court and the Fiji Court of Appeal between 1991 and 1996. He was also selected by the President in 2023 to lead an inquiry into misconduct allegations against former Chief Justice Kamal Kumar, who unfortunately passed away before the inquiry could start.
In addition to Justice Ashton-Lewis, Janet Mason, a senior barrister with citizenship in both New Zealand and Fiji, has been appointed as Counsel assisting the Commission. Mason brings significant experience in public, governance, and constitutional law, having acted as Legal Counsel to the Great Council of Chiefs and contributed to the Treaty of Waitangi Settlement negotiations.
The Commission members are anticipated to arrive in Fiji shortly and will be formally sworn into their roles. Preparations are already in place for establishing a secretariat to support the Commission’s activities.
This inquiry represents a crucial step towards enhancing accountability and integrity within Fiji’s governance structures. The investigations could lead to key insights on governance processes, emphasizing the importance of transparency in public service appointments. The dedicated efforts of Justice Ashton-Lewis and Janet Mason signal a commitment to upholding the rule of law and restoring public confidence in institutions.
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