Justice David E. Ashton-Lewis, a prominent senior jurist from Australia and the current Judge of the Supreme Court of Fiji, has been named the sole Commissioner for an inquiry concerning the recent appointment of the Commissioner of the Fiji Independent Commission Against Corruption (FICAC), Barbara Malimali. This decision was made by His Excellency President Wiliame M. Katonivere on September 5, 2024.
The Commission of Inquiry aims to evaluate the integrity, fairness, and transparency involved in the selection process for Commissioner Malimali, ensuring compliance with legal standards. It will also investigate whether any improper influences were exerted during her appointment, particularly from parties connected to high-profile cases that may involve politicians and senior public officials.
In addition, the Terms of Reference will delve into whether vested interests had an unlawful or improper impact on the appointment process, particularly given ongoing FICAC investigations.
Justice Ashton-Lewis previously led a Constitutional Tribunal inquiry into allegations against former Chief Justice Kamal Kumar, who passed away prior to the hearings. His extensive legal background includes serving on the High Court and the Fiji Court of Appeal and functioning as an adjunct law professor and consultant.
Alongside him, Janet Mason, a senior barrister with a strong background in public and constitutional law, has been appointed Counsel assisting the Commission. Mason, who holds dual citizenship in New Zealand and Fiji, has considerable experience including roles such as Legal Counsel to the Great Council of Chiefs and participant in the Treaty of Waitangi Settlement negotiations.
They are set to arrive in Fiji shortly to be sworn into their roles, with plans for a secretariat to assist in the Commission’s operations already in motion.
This inquiry represents a critical step towards enhancing transparency and accountability within FICAC’s appointment processes, potentially reinforcing public trust in governance. With experts like Justice Ashton-Lewis and Janet Mason at the helm, there is hope for thorough and impartial examination, contributing positively to Fiji’s legal framework and anti-corruption efforts.
Overall, the establishment of this Commission could signal a commitment to uphold integrity in public appointments, setting a precedent for future governance in Fiji.
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