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Judicial Inquiry Raises Questions Over FICAC Appointment

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Justice David Ashton-Lewis, who heads the Commission of Inquiry (COI), has stressed that it is premature to determine any wrongful actions by the Judicial Services Commission or the Constitutional Offices Commission regarding Barbara Malimali’s appointment as Commissioner of the Fiji Independent Commission Against Corruption (FICAC). In discussions, Justice Ashton-Lewis indicated that full evidence is necessary before drawing any conclusions, stating, “What looks to be quite innocent in the beginning can change when you get all the evidence.”

The inquiry, which has already commenced, focuses on whether Malimali’s September 2024 appointment was conducted in accordance with legal protocols and whether it was subject to illegal or improper influences from vested interests. Counsel Assistant Janet Mason commented on the inquiry’s progress, asserting that it would be biased to reach any decisions at this stage. The investigation aims to examine the integrity of state institutions and address ongoing concerns about political interference within FICAC, which has been often criticized for potential political meddling.

As the inquiry unfolds, it has already seen testimony from seven out of the 35 anticipated witnesses. Among those slated to testify are significant figures including the Acting Director of Public Prosecutions and previous government ministers. The commission hopes to provide a comprehensive assessment of the situation, with a final report due to be submitted to the President and Prime Minister by the end of January 2025.

This inquiry not only represents an important step towards assuring transparency and accountability within Fiji’s government but also reflects a collective commitment to ethical governance practices. As testimonies continue, there is an optimistic view that the findings could lead to necessary reforms, thereby restoring public trust in governmental institutions and promoting fairness in public service appointments.

In summary, the ongoing investigation into Barbara Malimali’s appointment is a key opportunity for fostering transparency and reinforcing the integrity of the FICAC, with the hope that the eventual findings will contribute positively to Fiji’s governance framework.


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