Outgoing President Ratu Wiliame Katonivere has appointed Justice David E. Ashton-Lewis, a senior Australian jurist and current Supreme Court Judge in Fiji, as the sole Commissioner to investigate the recent appointment of the Commissioner of the Fiji Independent Commission Against Corruption (FICAC), which took place on September 5, 2024.
In support of the inquiry, Janet Mason, a senior barrister, has been appointed as Counsel assisting the Commission. The government’s statement indicated that the Commission of Inquiry will evaluate whether the appointment process of Barbara Malimali as FICAC Commissioner was conducted with integrity, fairness, and transparency in accordance with the law.
The inquiry aims to uncover any improper or unlawful influences affecting the appointment of the FICAC Commissioner. Additionally, it will assess whether vested interests, including ongoing FICAC cases or investigations involving prominent figures, such as Members of Parliament, Ministers, and senior public servants, unduly influenced the process.
Justice Ashton-Lewis has a notable legal background, having previously served as a Justice of the High Court and the Fiji Court of Appeal from 1991 to 1996. He was also tasked with leading the Constitutional Tribunal in 2023 to investigate allegations against the late Chief Justice Kamal Kumar.
Janet Mason, a dual citizen of New Zealand and Fiji, is well-established in public, governance, and constitutional law. She has also previously provided legal counsel for the Great Council of Chiefs and was involved in negotiations for the Treaty of Waitangi Settlement.
Both Justice Ashton-Lewis and Janet Mason are expected to arrive in Fiji soon and will take their oaths of office. Preparations for a secretariat to support the Commission’s work are already underway.
This inquiry represents a significant step towards ensuring accountability and transparency within the FICAC, highlighting the government’s commitment to uphold the rule of law and maintain integrity in public service. The involvement of expert jurists like Justice Ashton-Lewis and Janet Mason augurs well for a thorough investigation that will foster public trust in the judicial process.
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