Justice David E. Ashton-Lewis, a prominent Australian jurist and current Supreme Court Judge of Fiji, has been appointed by President Wiliame M. Katonivere as the sole Commissioner for a Commission of Inquiry. This inquiry will investigate the recent appointment of Barbara Malimali as the Commissioner of the Fiji Independent Commission Against Corruption (FICAC) on September 5, 2024.
The main focus of the Commission will be to examine the integrity, fairness, and transparency of the appointment process, ensuring it adhered to legal standards. It will also look into any potential improper or unlawful influences that may have impacted Malimali’s selection. Furthermore, the Terms of Reference will explore whether vested interests, particularly those connected to ongoing FICAC cases involving high-profile figures such as Members of Parliament and senior public servants, may have influenced the appointment.
Justice Ashton-Lewis has a notable track record in the legal field, having previously chaired the Constitutional Tribunal investigating allegations against former Chief Justice Kamal Kumar, who sadly passed away before the hearings could commence. He has served as a Justice of both the High Court and the Fiji Court of Appeal and is recognized as an Adjunct Professor of Law. His qualifications include admission to the bars of both Victoria and Tasmania.
Alongside Justice Ashton-Lewis, Janet Mason, a senior barrister with dual New Zealand and Fijian citizenship, has been appointed as Counsel assisting the Commission. Mason brings considerable experience in public governance and constitutional law, having served as Legal Counsel to the Great Council of Chiefs and played a key role in negotiating the Treaty of Waitangi Settlement.
Both Justice Ashton-Lewis and Counsel Mason are expected to arrive in Fiji shortly to be sworn into their new roles, with plans already in place for the establishment of a secretariat to support the Commission’s work.
This inquiry presents an opportunity to reinforce the values of justice and transparency within FICAC, strengthening public trust in the governance and legal processes in Fiji. Through rigorous examination, it is hoped that this inquiry will highlight necessary improvements in appointment procedures to prevent future controversies.
In summary, the appointment of Justice David E. Ashton-Lewis and Janet Mason to oversee this inquiry offers a promising step towards ensuring accountability and maintaining high standards in Fiji’s anti-corruption efforts, fostering a positive outlook for governance in the region.
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