Justice David Ashton-Lewis, head of the Commission of Inquiry (COI), expressed that it is too early to conclude if there were any wrongdoings in the appointment of Barbara Malimali as the Commissioner of the Fiji Independent Commission Against Corruption (FICAC). He stated the importance of gathering comprehensive evidence before making determinations, emphasizing that initial appearances can be misleading until examined in full context.

In statements to FijiLive, Justice Ashton-Lewis pointed out that both the Judicial Services Commission and the Constitutional Offices Commission are functioning within their responsibilities as set by the 2013 Constitution. He mentioned that his eventual decision will be based on the balance of probabilities, rather than a criminal standard of proof, which allows for a broad evaluation of the evidence involved.

Counsel Assistant Janet Mason reinforced this sentiment by asserting that premature conclusions would introduce bias into the inquiry. She noted that the commission is focused on the integrity of state institutions, especially amidst ongoing concerns about political interference affecting FICAC’s operations.

The investigation is currently delving into whether Malimali’s appointment, which occurred in September 2024, complied with required legal procedures and if any improper influences, particularly from vested interests linked to high-profile FICAC cases, had any role in the process. Among the 35 witnesses scheduled to testify, seven have already taken the stand, indicating the inquiry’s substantive progress.

The final report from the COI is anticipated to be submitted to both the President and Prime Minister by January 31, 2025. The inquiry represents a significant effort towards transparency and accountability in governance, and there is a hopeful outlook that its findings will promote reforms and restore public trust in the integrity of Fiji’s institutions. The inquisitive nature of the process reflects a commitment to ethical governance, with the potential for positive changes in public service appointments stemming from this investigation.