The president of the Fiji Law Society, Wylie Clarke, has faced criticism for calling for the resignation of Supreme Court Judge Justice David Ashton-Lewis. In light of comments made by Justice Ashton-Lewis during an Australian radio interview, counsel Hemen Nagin has asserted that Clarke lacks the jurisdiction to demand the judge’s resignation. Clarke’s criticisms are particularly focused on Justice Ashton-Lewis discussing sensitive information about the Commission of Inquiry (COI), which has led to formal complaints being lodged with the Judicial Services Commission (JSC).
Clarke emphasized the critical nature of maintaining judicial independence, suggesting that Justice Ashton-Lewis’s remarks could undermine public confidence in the judiciary. Janet Mason, who assists in the COI, stated that while the Law Society is within its rights to make a complaint, the public manner in which it was raised is problematic. Such outspokenness against a judge, particularly a Supreme Court judge, raises issues of professional conduct, as criticized by Mason.
Moreover, it has been brought to attention that Wylie Clarke has his conflicts with the COI, as he himself is a subject of its findings alongside several prominent figures, including senior members of the judiciary. Prime Minister Sitiveni Rabuka has not provided clarity on how the JSC will handle the complaint, raising concerns about the independence of the Commission given its members’ involvement in the report.
As this situation unfolds, there is cautious optimism that reforms may arise from these discussions, leading to stronger safeguards for judicial integrity and independence in Fiji’s governance framework. Efforts for accountability within the judicial system signal a collective determination to enhance ethical standards and build public trust in the institutions that serve as the backbone of society.
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