Justice David E. Ashton-Lewis, a distinguished Australian jurist and currently a Judge of the Supreme Court of Fiji, has been appointed by President Wiliame M. Katonivere to serve as the sole Commissioner for an inquiry into the recent appointment of the Commissioner for the Fiji Independent Commission Against Corruption (FICAC), which occurred on September 5, 2024.
This Commission of Inquiry is tasked with evaluating the appointment process of Barbara Malimali to ensure it was executed with integrity, fairness, and transparency, adhering strictly to legal standards. The inquiry will investigate whether there were any improper or unlawful influences affecting the appointment, particularly regarding potential vested interests, especially in relation to ongoing FICAC cases involving prominent figures like Members of Parliament, Ministers, and high-ranking public servants.
Justice Ashton-Lewis has a notable legal career, having previously chaired a Constitutional Tribunal investigating allegations against former Chief Justice Kamal Kumar, who unfortunately passed away before proceedings could begin. He has served on both the High Court and the Fiji Court of Appeal between 1991 and 1996, and he also shares his expertise as an Adjunct Professor of Law and a consultant for judicial and parliamentary governance.
In addition, Janet Mason, a senior barrister with dual citizenship in New Zealand and Fiji, has been appointed as Counsel to assist the Commission. She brings a wealth of knowledge in public, governance, and constitutional law, having worked as Legal Counsel for the Great Council of Chiefs and contributed significantly to the Treaty of Waitangi Settlement negotiations.
Both Justice Ashton-Lewis and Counsel Mason are expected to arrive in Fiji shortly to be sworn in, and steps are already being taken to set up a secretariat to support their work.
This inquiry not only aims to uphold the integrity of the appointment process but also signifies a commitment to transparency and accountability within Fijian governance. With experienced professionals at the helm, there is hope that this inquiry will reinforce public trust in the FICAC and its crucial role in combating corruption, ultimately contributing to a more just and transparent society.
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