Justice David E. Ashton-Lewis, a distinguished Australian jurist and current Judge of the Supreme Court of Fiji, has been appointed by President Wiliame M. Katonivere as the sole Commissioner to investigate the appointment of the Commissioner of the Fiji Independent Commission Against Corruption (FICAC) on September 5, 2024.
The upcoming Commission of Inquiry will evaluate whether the appointment process for Barbara Malimali, the newly appointed FICAC Commissioner, adhered to principles of integrity, fairness, and transparency in line with legal standards. This inquiry will also scrutinize any potential improper or unlawful influences that may have impacted the selection process.
Moreover, the inquiry will assess whether the appointment could have been swayed by vested interests, particularly relating to ongoing FICAC cases or investigations that involve prominent figures such as Members of Parliament, Ministers, and senior public servants.
Justice Ashton-Lewis, who was called upon earlier in 2023 to lead the Constitutional Tribunal addressing allegations against former Chief Justice Kamal Kumar, boasts a formidable legal background including previous roles in the High Court and the Fiji Court of Appeal. He is also an Adjunct Professor of Law and has worked as a Judicial and Parliamentary Government Consultant, being admitted to both the Victorian and Tasmanian Bars.
In addition, Janet Mason, a senior barrister with extensive expertise in public and constitutional law, has been appointed as Counsel assisting the Commission. Mason is a dual citizen of New Zealand and Fiji and has practiced law in both countries. Her background includes roles such as Legal Counsel to the Great Council of Chiefs and pivotal participation in negotiations for the Treaty of Waitangi Settlement.
Justice Ashton-Lewis and Mason are anticipated to arrive in Fiji shortly, where arrangements are being made for their swearing-in and the establishment of a secretariat to support the Commission’s functions.
This inquiry marks a critical step towards ensuring accountability and transparency in public office appointments, which could ultimately bolster public trust in Fiji’s institutions. As citizens witness the establishment of a transparent process, there is hope for stronger governance and integrity within the nation’s public service system.
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