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), which occurred on September 5, 2024.
The Commission of Inquiry is tasked with evaluating whether the appointment of Barbara Malimali as FICAC Commissioner adhered to principles of integrity, fairness, and transparency, complying with relevant laws. Additionally, the inquiry will scrutinize any potential undue or unlawful influences that may have impacted the appointment process, especially in relation to high-profile cases currently handled by FICAC, including those involving Members of Parliament, Ministers, and senior public officials.
Justice Ashton-Lewis brings a wealth of legal expertise to this role, having previously chaired a Constitutional Tribunal focused on alleged misconduct against former Chief Justice Kamal Kumar, who passed away before the Tribunal could begin its hearings. His judicial career spans several prominent positions, including Justice of the High Court and the Fiji Court of Appeal from 1991 to 1996. He also holds positions as an Adjunct Professor of Law and a consultant in judicial and parliamentary governance.
Alongside Justice Ashton-Lewis, Janet Mason, a senior barrister with dual citizenship in New Zealand and Fiji, has been appointed as Counsel assisting the Commission. Mason boasts significant experience in public, governance, and constitutional law, notably serving as Legal Counsel to the Great Council of Chiefs and participating in the Treaty of Waitangi Settlement negotiation team.
Both Justice Ashton-Lewis and Mason are set to arrive in Fiji shortly for their official swearing-in. Preparations are underway to establish a secretariat dedicated to supporting the Commission’s important work.
This inquiry holds substantial significance for maintaining public trust in FICAC and ensuring that its leadership appointments meet rigorous legal and ethical standards. It reflects a commitment to integrity in governance, aiming to clear any doubts regarding the influences behind high-profile legal processes and reinforcing the rule of law in Fiji.
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