Justice David E. Ashton-Lewis, a distinguished senior Australian jurist and current Judge of the Supreme Court of Fiji, has been appointed as the sole Commissioner by President Wiliame M. Katonivere to lead an inquiry into the appointment of the Commissioner of the Fiji Independent Commission Against Corruption (FICAC). This appointment comes in the wake of concerns regarding the integrity of recent appointments, particularly that of Barbara Malimali on September 5, 2024.
The Commission of Inquiry will delve into the appointment process, evaluating its adherence to principles of integrity, fairness, and transparency in accordance with legal standards. Additionally, the inquiry will scrutinize potential improper or unlawful influences that may have affected the appointment process, particularly in relation to any vested interests tied to ongoing FICAC investigations involving prominent figures, including Members of Parliament and senior public servants.
Justice Ashton-Lewis is no stranger to inquiries of this nature; he was previously tasked by the President in 2023 to chair a Constitutional Tribunal that investigated misconduct allegations against former Chief Justice Kamal Kumar, who sadly passed away before proceedings could begin.
With a robust legal background, Justice Ashton-Lewis’s experience extends to his roles as a Justice of the High Court and the Fiji Court of Appeal from 1991 to 1996, along with his current position as an Adjunct Professor of Law. He is also admitted to practice in both the Victorian and Tasmanian Bars.
Joining him as Counsel assisting the Commission is Janet Mason, a senior barrister with both New Zealand and Fijian citizenship, who brings considerable expertise in public governance and constitutional law. Mason’s past roles include serving as Legal Counsel to the Great Council of Chiefs and contributing to the Treaty of Waitangi Settlement negotiation team.
Justice Ashton-Lewis and Counsel Mason are expected to arrive in Fiji shortly for their swearing-in ceremony, with the establishment of a secretariat underway to support the Commission’s work.
This initiative reflects a commitment to uphold the rule of law and reinforce public confidence in governmental processes, promising a thorough examination of the issues at hand with the aim of promoting integrity in Fijian institutions. As these esteemed jurists take their roles, there is hope that this inquiry will lead to greater accountability and transparency in governance.
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