Justice David E. Ashton-Lewis, an esteemed senior jurist from Australia 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 the Commissioner of the Fiji Independent Commission Against Corruption (FICAC) made on September 5, 2024.
This Commission of Inquiry aims to evaluate the integrity, fairness, and transparency of Barbara Malimali’s appointment process as the FICAC Commissioner, ensuring it adhered strictly to legal standards. The inquiry will not only review the formalities of the appointment but also scrutinize any potential improper or unlawful influences that may have affected the decision-making process.
Furthermore, the Terms of Reference will explore the possibility of vested interests influencing Commissioner Malimali’s appointment, especially concerning ongoing FICAC cases or investigations involving prominent figures such as Members of Parliament, Ministers, and senior officials.
Justice Ashton-Lewis brings a wealth of experience to this new role, having previously been appointed to lead a Constitutional Tribunal in 2023 to address misconduct allegations against former Chief Justice Kamal Kumar, who sadly passed away before the Tribunal could begin its hearings. His legal career spans decades, having served as a Justice of both the High Court and the Fiji Court of Appeal, alongside his role as an Adjunct Professor of Law and Government Consultant.
Supporting him in this inquiry is Janet Mason, a seasoned barrister with both New Zealand and Fijian citizenship. Mason is well-qualified, having served as Legal Counsel to the Great Council of Chiefs and as part of the Treaty of Waitangi Settlement negotiation team. Her expertise in public, governance, and constitutional law will complement Justice Ashton-Lewis’s leadership.
The Commission’s representatives, Justice Ashton-Lewis and Counsel Janet Mason, are anticipated to arrive in Fiji shortly, with preparations underway to set up a secretariat to support the Commission’s work.
The establishment of this Commission signifies a commitment to upholding justice and maintaining ethical standards within the Fijian government. By ensuring a thorough investigation, it reaffirms the importance of transparency and integrity in public office, fostering public trust in governance.
In summary, this inquiry is a crucial step towards accountability and upholding the rule of law in Fiji, which is vital for the country’s democratic health and public confidence in its institutions.
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