Justice David E. Ashton-Lewis, a prominent figure in the Australian legal system and currently a Judge of the Supreme Court of Fiji, has been designated as the sole Commissioner by His Excellency President Wiliame M. Katonivere. This appointment is in response to concerns surrounding the selection of Barbara Malimali as the Commissioner of the Fiji Independent Commission Against Corruption (FICAC) on September 5, 2024.
The Commission of Inquiry is tasked with investigating whether the appointment process was conducted with the necessary integrity, transparency, and fairness, as stipulated by law. Special emphasis will be placed on identifying any potential improper or unlawful influences that may have altered the process leading to Malimali’s appointment.
Additionally, the inquiry will scrutinize whether vested interests, including ongoing FICAC investigations involving high-profile figures, such as political leaders and senior public servants, improperly influenced the appointment.
Justice Ashton-Lewis brings substantial legal experience to this role, having previously been appointed by the President in 2023 to lead a Constitutional Tribunal addressing allegations of misconduct against former Chief Justice Kamal Kumar. His extensive judicial background includes serving as a Justice of both the High Court and the Fiji Court of Appeal, alongside a career as an Adjunct Professor of Law and a consultant for judicial and parliamentary governance. He is a qualified member of both the Victorian and Tasmanian Bars.
Joining Justice Ashton-Lewis in this inquiry is Janet Mason, a senior barrister who has been appointed as Counsel assisting the Commission. Mason, a dual citizen of New Zealand and Fiji, is also qualified with both countries’ bar associations. With a wealth of experience in public, governance, and constitutional law, she has contributed significantly to legal discourse in Fiji, including her role as Legal Counsel to the Great Council of Chiefs and her involvement in the Treaty of Waitangi Settlement negotiations.
Both Ashton-Lewis and Mason are expected to arrive in Fiji soon and will be officially sworn into their roles. Efforts are already underway to establish a secretariat to support the Commission’s work.
This inquiry represents a significant step towards ensuring accountability and transparency within Fiji’s anti-corruption framework. The involvement of highly experienced legal professionals underscores the commitment to upholding the rule of law in the nation. As the process unfolds, there may be an opportunity for greater trust in FICAC and its operations, which could lead to a more robust approach to tackling corruption in Fiji.
Overall, this initiative can be viewed as a hopeful sign for the future of governance in Fiji, aiming to enhance integrity in public service and set a positive precedent for similar measures.
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