The Fiji Law Society has expressed deep concerns regarding Justice David Ashton-Lewis, who leads the Commission of Inquiry (COI) into the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC). Society President Wylie Clarke has criticized Justice Ashton-Lewis for allegedly breaching his duties and disregarding the confidentiality required in his role, particularly following comments made during an interview with an Australian radio station.
Clarke highlighted the essential qualities that govern senior judges’ appointment to lead inquiries, specifically their competence, independence, and temperament. He pointed out that Justice Ashton-Lewis has seemingly contradicted these principles by demanding confidentiality from those appearing before him while failing to adhere to similar standards himself. The controversy also stems from Justice Ashton-Lewis’s broader comments, where he made claims suggesting that Malimali had been “universally seen as corrupt,” a statement Clarke argues lacks supporting evidence.
Clarke has asserted that Judge Ashton-Lewis’s remarks appear politically charged and are detrimental to the faith in Fiji’s judicial system and its independence. The implications of these statements could undermine the integrity of the ongoing COI, raising alarms about public confidence in judicial integrity during politically sensitive inquiries. Justice Ashton-Lewis’s communication suggests he may be acting at the behest of Prime Minister Sitiveni Rabuka, thereby causing further complications regarding perceived judicial impartiality.
The Fiji Law Society’s call for Justice Ashton-Lewis’s resignation was echoed by concerns from the legal community over the potential impact on procedural fairness, especially in light of significant public resources invested in the COI. Questions surrounding the judiciousness of judicial conduct are heightened by past controversies relating to Malimali’s appointment.
As this situation continues to unfold, there remains cautious optimism that rigorous scrutiny of these judicial matters will enhance accountability and foster reforms essential for reinforcing public trust in Fiji’s governance structure. The inquiries symbolize an important step toward ensuring that ethical standards are upheld in public service and enhance the integrity of Fiji’s political landscape. There is hope that these developments may pave the way for fruitful changes that strengthen the rule of law in Fiji.
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