Justice David E. Ashton-Lewis, a senior 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 recent appointment of Barbara Malimali as the Commissioner of the Fiji Independent Commission Against Corruption (FICAC) on September 5, 2024. This Commission of Inquiry aims to evaluate the integrity, fairness, and transparency of the appointment process while ensuring compliance with legal standards.
The inquiry will also explore any potential improper or unlawful influences that may have affected the appointment process, particularly regarding vested interests tied to current FICAC cases involving prominent figures, including Members of Parliament and senior public officials.
Justice Ashton-Lewis has previously chaired the Constitutional Tribunal, which addressed allegations of misconduct against former Chief Justice Kamal Kumar, who sadly passed away before hearings could begin. His extensive legal background includes serving on the Fiji Court of Appeal and as a Justice of the High Court, along with experience as an Adjunct Professor of Law and a Judicial and Parliamentary Government Consultant. He is recognized by both the Victorian and Tasmanian Bars.
Additionally, Janet Mason, a senior barrister with dual New Zealand and Fijian citizenship, has been appointed as Counsel assisting the Commission. She brings significant expertise in public, governance, and constitutional law, having served as Legal Counsel to the Great Council of Chiefs and contributed to the Treaty of Waitangi Settlement negotiation team.
The Commission’s leadership is poised for a swift commencement of their duties, as Justice Ashton-Lewis and Janet Mason are expected to arrive in Fiji shortly to be sworn into office. Plans are also in motion to set up a secretariat to support the Commission’s work, highlighting the government’s commitment to ensuring a transparent and fair inquiry process.
This initiative marks a hopeful step towards reinforcing governance integrity in Fiji, underscoring the importance of accountability within crucial public institutions. The involvement of seasoned legal professionals further assures the public that the inquiry will be handled with the seriousness and diligence it deserves.
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