The Commission of Inquiry (COI) into the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC) is currently ongoing, with its head, Supreme Court Justice David Ashton-Lewis, stressing that it is premature to draw any conclusions about potential misconduct. Justice Ashton-Lewis stated that thorough evidence is essential prior to determining whether the Judicial Services Commission or the Constitutional Offices Commission acted wrongly during the appointment process.

In his comments to FijiLive, Justice Ashton-Lewis emphasized that situations that initially appear innocent may change with the complete gathering of evidence, stating, “What looks to be quite innocent in the beginning can change when you get all the evidence.” He also highlighted that his decisions would be based on the balance of probabilities, a standard that permits a broad evaluation of the circumstances.

Counsel Assistant Janet Mason, who is also involved in the inquiry, echoed these sentiments, asserting that the COI cannot preemptively make judgments, as it would lead to potential bias. The inquiry is focused on the integrity of state-led institutions, particularly in light of ongoing concerns regarding political interference that FICAC has faced. The investigation aims to ascertain not only if Malimali’s appointment adhered to legal procedures but also if it was subject to any improper influences, especially from vested interests linked to high-profile FICAC cases involving politicians and senior public servants.

Currently, seven out of the planned 35 witnesses have provided testimony, including significant figures such as the Acting Director of Public Prosecutions and former government officials. The inquiry is set to continue until the end of January, with a final report to be submitted to the President and the Prime Minister by January 31, 2025.

This inquiry represents a crucial opportunity for promoting accountability and transparency within Fiji’s governance. It reflects a strong commitment to upholding ethical standards in public service appointments and seeks to reassure citizens that high-level processes are free from undue influence. As the investigation unfolds, there is hope that the findings will inspire necessary reforms, restoring public trust in governmental institutions and enhancing the integrity of Fiji’s political landscape.

In summary, the inquiry into Barbara Malimali’s appointment not only aims to clarify the legalities surrounding her position but also underscores an important step towards improved governance practices in Fiji, fostering a culture of accountability and ethical conduct in public service.