Supreme Court Justice David Ashton-Lewis, who is leading the Commission of Inquiry (COI) regarding the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC), underscored that it is still premature to draw any conclusions about potential wrongdoings by the Judicial Services Commission or the Constitutional Offices Commission. He emphasized the necessity of comprehensive evidence before forming a judgment on the legality and integrity of the appointment process.

In discussions with FijiLive, Justice Ashton-Lewis pointed out that the commission operates under the provisions of the 2013 Constitution and that initial appearances of innocence may change with a full review of the evidence available. He explained, “What looks to be quite innocent in the beginning can change when you get all the evidence.” His decision will be guided by the balance of probabilities, which allows for a thorough evaluation of the circumstances surrounding Malimali’s appointment in September 2024.

Counsel Assistant Janet Mason echoed Justice Ashton-Lewis’s caution, adding that any ahead-of-time judgments would lead to biases and undermine the integrity of the inquiry. She noted that the inquiry is primarily focused on the integrity of state institutions and addressing ongoing concerns about political interference in FICAC’s operations.

The COI is currently investigating whether Malimali’s appointment adhered to legal requirements and if it was influenced by any improper interests or activities associated with high-profile FICAC cases, including allegations involving politicians and senior public servants. Of the 35 witnesses expected to testify, seven have already taken the stand, comprising key figures such as the Acting Director of Public Prosecutions and several former ministers.

This inquiry is not just an examination of Malimali’s appointment but represents a critical step towards enhancing transparency and accountability within Fiji’s governance framework. With the final report due by January 31, 2025, there is optimism that the investigation will lead to necessary reforms, restoring public trust in governmental institutions and reinforcing ethical standards in public service appointments.

In summary, the ongoing inquiry into Barbara Malimali’s positioning highlights a pivotal moment for promoting transparency and ethical governance in Fiji, which may usher in positive changes that benefit the country’s political integrity. The public can hold onto hope that the outcomes of this inquiry will foster trust and confidence in government processes.