Justice David E. Ashton-Lewis, a prominent figure in the Australian judiciary and currently serving as a judge on the Supreme Court of Fiji, has been appointed by President Wiliame M. Katonivere as the sole Commissioner to investigate the recent appointment of the Commissioner of the Fiji Independent Commission Against Corruption (FICAC), Barbara Malimali. This inquiry is set to commence on September 5, 2024.
The Commission of Inquiry will focus on whether the appointment process adhered to principles of integrity, fairness, and transparency, in compliance with legal standards. It aims to uncover any potential improper or unlawful influences that may have impacted Malimali’s appointment. The inquiry will also scrutinize whether vested interests, particularly concerning ongoing FICAC cases involving prominent figures such as Members of Parliament, Ministers, and senior public officials, had any bearing on the decision-making process.
Justice Ashton-Lewis has a well-established legal career, having held positions such as a Justice of the High Court and the Fiji Court of Appeal from 1991 to 1996, and he also serves as an Adjunct Professor of Law. His prior appointment to chair the Constitutional Tribunal, investigating misconduct allegations against former Chief Justice Kamal Kumar, further underscores his deep involvement in the Fijian justice system. Unfortunately, Chief Justice Kumar passed away before the Tribunal’s hearings could begin.
In addition, the President has appointed senior barrister Janet Mason as Counsel assisting the Commission. Mason brings a wealth of experience in public, governance, and constitutional law, having served as Legal Counsel to the Great Council of Chiefs and participating in the Treaty of Waitangi Settlement negotiations. She holds citizenship in both New Zealand and Fiji and is admitted to the bars in both countries.
Justice Ashton-Lewis and Mason are expected to arrive in Fiji shortly to be sworn in, and plans are already in motion to establish a secretariat to support the Commission’s operations.
This inquiry represents a significant step towards ensuring accountability and transparency in Fiji’s governance. By investigating the appointment process of a critical position like the FICAC Commissioner, it reinforces the commitment to uphold the rule of law and integrity within the public sector. The outcomes of this inquiry could lead to important reforms that enhance public trust in the justice system, paving the way for a more robust and transparent governance framework in Fiji.
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