Outgoing President Ratu Wiliame Katonivere has named Justice David E. Ashton-Lewis, a prominent Australian jurist and current Supreme Court Judge in Fiji, as the sole Commissioner for an inquiry into the recent appointment of the Commissioner of the Fiji Independent Commission Against Corruption (FICAC), which took place on September 5, 2024.
Justice Ashton-Lewis will be assisted by Janet Mason, a senior barrister who brings a wealth of experience to the Commission. The government’s statement indicated that this inquiry aims to evaluate whether the process followed in appointing Barbara Malimali to the FICAC position was conducted with integrity, fairness, and transparency, adhering to legal standards.
The Commission will investigate any potential improper or unlawful influences that may have impacted the appointment. Furthermore, its Terms of Reference will delve into whether the process was swayed by vested interests, particularly involving ongoing FICAC cases related to high-profile figures, such as Members of Parliament and senior public officials.
Justice Ashton-Lewis has previously chaired significant inquiries, including his recent role in 2023 overseeing the Constitutional Tribunal into allegations against former Chief Justice Kamal Kumar, who passed away before the tribunal could begin its hearings. He brings substantial legal experience, having served in various judicial roles, including a Justice of the High Court and the Fiji Court of Appeal from 1991 to 1996.
Janet Mason, who holds citizenship in both New Zealand and Fiji, is also a distinguished figure, being admitted to both the Fiji and New Zealand Bars. She has considerable expertise in public, governance, and constitutional law, including serving as Legal Counsel to the Great Council of Chiefs and participating in the Treaty of Waitangi Settlement negotiation team.
Both Ashton-Lewis and Mason are expected to arrive in Fiji shortly and will be sworn into their roles; preparations are underway to establish a secretariat to support the Commission’s activities.
This inquiry represents a significant step towards maintaining accountability and transparency within Fijian public services, which can ultimately restore public trust in governmental institutions. The appointment of experienced legal professionals suggests a thorough examination of the issues at hand, inspiring hope for positive outcomes in governance and law enforcement standards in Fiji.
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