Outgoing President Ratu Wiliame Katonivere has appointed Justice David E. Ashton-Lewis, a prominent Australian jurist currently serving as a Judge on the Supreme Court of Fiji, to lead an inquiry into the recent appointment of the Fiji Independent Commission Against Corruption (FICAC) Commissioner. This appointment took place on September 5, 2024.
Alongside Justice Ashton-Lewis, Janet Mason, a senior barrister with dual citizenship in New Zealand and Fiji, has been appointed as Counsel assisting the Commission. The government has stated that the Commission of Inquiry’s primary objective is to evaluate whether the selection process for Barbara Malimali as Commissioner was carried out with integrity, fairness, and transparency, in compliance with legal standards.
The Commission will also investigate any potential improper or unlawful influences that may have affected the appointment. It aims to uncover if vested interests, particularly regarding current FICAC investigations involving high-profile individuals like Members of Parliament and senior public officials, swayed the appointment process.
Justice Ashton-Lewis has a rich legal background, having previously served as a Justice of the High Court and the Fiji Court of Appeal from 1991 to 1996. He was appointed in 2023 by the President to chair the Constitutional Tribunal focused on allegations against former Chief Justice Kamal Kumar, who passed away before hearings could commence.
Janet Mason brings extensive experience in public and constitutional law, having been involved in significant legal roles, including acting as Legal Counsel to the Great Council of Chiefs and contributing to the Treaty of Waitangi Settlement negotiations.
Both Ashton-Lewis and Mason are expected to arrive in Fiji shortly, where they will be sworn into their respective roles. Preparations are currently in progress to set up a secretariat that will support the Commission’s operations.
This inquiry presents an opportunity for the Fijian government to reinforce its commitment to transparency and accountability in public office. As the inquiry unfolds, it is hoped that it will strengthen confidence in the systems that are designed to combat corruption and uphold the rule of law in Fiji.
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