Justice David Ashton-Lewis, head of the Commission of Inquiry (COI) and a Supreme Court Judge, has stated that it is premature to conclude whether any wrongdoing occurred in the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC). He emphasized the necessity of obtaining comprehensive evidence before forming a definitive viewpoint.

Speaking with FijiLive, Justice Ashton-Lewis affirmed that both the Judicial Services Commission and the Constitutional Offices Commission performed functions under the 2013 Constitution. He noted that legal assessments often require a thorough review of all evidence, stating, “What looks to be quite innocent in the beginning can change when you get all the evidence.” He also indicated that his final decision will be based on the balance of probabilities, which allows for a broad spectrum in evaluating the circumstances of Malimali’s appointment.

Also contributing to the dialogue, Counsel Assistant Janet Mason remarked that the Commission of Inquiry cannot make premature judgments, insisting that such determinations would be biased. She underlined the inquiry’s aim to assess the integrity of state-led institutions, addressing perceptions of political interference, particularly regarding allegations involving politicians and the integrity of FICAC.

The inquiry is scrutinizing whether Malimali’s appointment, made in September 2024, adhered to proper legal procedures and whether it was influenced by any improper or unlawful factors, especially concerning ongoing FICAC cases involving high-profile individuals.

As of now, of the 35 planned witnesses, seven have already provided testimony, with key figures such as the Acting Director of Public Prosecutions and former ministers expected to appear in the upcoming sessions.

This inquiry marks an important step towards greater accountability in governance and aims to enhance public trust in the political system. It reflects a commitment to uphold principles of transparency, ensuring that the processes governing high-level appointments are free from undue influence. As the inquiry proceeds, there is optimism regarding the potential reforms that might arise from its findings, promoting integrity within Fiji’s governance structures.