Supreme Court Justice David Ashton-Lewis, who heads the Commission of Inquiry (COI), has expressed that it is premature to conclude any wrongdoing regarding the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC). He emphasized the importance of collecting all relevant evidence before forming any judgments about the actions of the Judicial Services Commission and the Constitutional Offices Commission in the matter.
Justice Ashton-Lewis shared insights with FijiLive, stating, “What looks to be quite innocent in the beginning can change when you get all the evidence.” He explained that his decision will be guided by the balance of probabilities, allowing for a broad assessment of the circumstances surrounding Malimali’s appointment in September 2024.
Counsel Assistant Janet Mason supported this perspective, reinforcing that the COI must refrain from making premature judgments to avoid bias. She highlighted that the inquiry aims to evaluate the integrity of state institutions, particularly in light of existing concerns about political interference within FICAC.
The ongoing investigation is scrutinizing not only whether Malimali’s appointment adhered to legal protocols but also whether it was subject to any improper influences from vested interests connected to high-profile FICAC cases. Currently, out of the 35 witnesses scheduled to testify, seven have already provided their insights, including significant figures like the Acting Director of Public Prosecutions and several former government ministers.
This inquiry serves as a critical effort towards enhancing accountability and transparency in governance, reflecting a collective commitment to ethical standards in public service appointments. As the proceedings unfold and additional testimonies are gathered, there is optimism that the findings will lead to necessary reforms, potentially restoring public trust in Fiji’s governing institutions.
In summary, the inquiry into Barbara Malimali’s appointment stands as an opportunity to reinforce ethical governance practices in Fiji, promising progress towards transparency and accountability that the public seeks. The final report is expected to be delivered by the end of January 2025, symbolizing a proactive approach to ensuring integrity within public service practices in the country.
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