Justice David E. Ashton-Lewis, a senior Australian jurist currently serving as a Judge of the Supreme Court of Fiji, has been appointed by President Wiliame M. Katonivere as the sole Commissioner to investigate the recent appointment of the Commissioner of the Fiji Independent Commission Against Corruption (FICAC). This appointment took place on September 5, 2024.
The inquiry will evaluate whether the selection process for Barbara Malimali as the FICAC Commissioner adhered to principles of integrity, fairness, and transparency, and whether it complied with legal standards. It will also explore any potential improper or unlawful influences that might have impacted the appointment process.
Moreover, the terms of reference for the Commission will assess if any vested interests, particularly those involving current FICAC investigations that include high-profile figures like Members of Parliament and Ministers, unlawfully swayed the appointment of Commissioner Malimali.
Justice Ashton-Lewis has a notable background in law and the judiciary, previously serving as a Justice of the High Court and a member of the Fiji Court of Appeal between 1991 and 1996. His prior appointment by the President in 2023 involved chairing the Constitutional Tribunal to address misconduct allegations against former Chief Justice Kamal Kumar, who tragically passed away before the Tribunal could proceed.
Alongside Justice Ashton-Lewis, Janet Mason, an experienced senior barrister and dual citizen of New Zealand and Fiji, has been appointed as Counsel assisting the Commission. She brings a wealth of expertise in public governance and constitutional law, having served as Legal Counsel to the Great Council of Chiefs and playing a key role in the Treaty of Waitangi Settlement negotiation team.
The newly appointed Commissioner and Counsel assisting the Commission are expected to arrive in Fiji shortly for their swearing-in ceremony, with preparations already underway to establish a secretariat to support the Commission’s work.
This inquiry represents a significant step toward ensuring accountability and transparency within key governmental processes in Fiji. With experienced professionals like Justice Ashton-Lewis and Janet Mason at the helm, there is potential for fostering trust and integrity in the nation’s governance.
In summary, the investigation aims to uphold the rule of law in Fiji and reassure the public of the integrity of its institutions, serving as a beacon of hope for transparent governance in the region.
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