The Fiji Law Society (FLS) has issued a strong ultimatum to Supreme Court Justice David Ashton-Lewis, demanding his resignation or he will face disciplinary action following his recent comments in a radio interview. Justice Ashton-Lewis revealed confidential information relating to the Malimali Commission of Inquiry (COI), which has raised serious concerns about his conduct and its implications for judicial independence.
FLS President Wylie Clarke underscored the importance of maintaining the integrity of the judiciary, especially at the Supreme Court level, where significant advancements towards judicial independence have been made since 2022. Clarke emphasized that judges should exercise caution in public discussions concerning ongoing inquiries, noting that Justice Ashton-Lewis’ remarks could compromise public trust in the judicial system.
The comments by Justice Ashton-Lewis, particularly his references to interactions with political figures—including the Prime Minister—have been criticized as inappropriate. These statements have led the FLS to question whether Justice Ashton-Lewis can fairly adjudicate cases, especially those involving political implications.
The Law Society noted the substantial resources invested in the inquiry and underscored that any erosion of judicial conduct standards could jeopardize the entire judicial framework. In light of these developments, Justice Ashton-Lewis has either the option to resign voluntarily or risk disciplinary action under Section 112 of Fiji’s Constitution.
Drawing connections to previous controversies over judicial conduct—including the scrutiny surrounding Barbara Malimali’s appointment as Commissioner of the Fiji Independent Commission Against Corruption (FICAC)—the situation raises significant questions about political influence in Fiji’s judiciary.
Despite the tensions, there remains hope that this episode could serve as a catalyst for meaningful reforms, enhancing transparency and accountability in Fiji’s governance. The FLS’s stance emphasizes a collective desire for a judiciary free from political sway and reaffirms the importance of ethical standards in public service. As these discussions unfold, they could lead to a stronger commitment to integrity and public trust in Fiji’s institutions.
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