A senior Australian jurist and current Judge of the Supreme Court of Fiji, Justice David Ashton-Lewis, has been appointed by President Wiliame Katonivere as the sole Commissioner to inquire into the recent appointment of the Commissioner of the Fiji Independent Commission Against Corruption on the 5th of September 2024.
The Commission of Inquiry will assess and determine whether Barbara Malimali’s appointment as Commissioner of FICAC was conducted with integrity, fairness, and transparency, as required by law.
The inquiry will also examine whether there were any improper or unlawful influences on the process of appointing the FICAC Commissioner.
Additionally, the Terms of Reference of the Commission will consider whether the process and the appointment of Malimali were unlawfully or improperly influenced by vested interests, including current FICAC cases or investigations involving high-profile individuals, such as Members of Parliament, Ministers, and senior public servants.
Justice Ashton-Lewis was previously appointed by the President in 2023 to chair the Constitutional Tribunal to inquire into allegations of misconduct against former Chief Justice Kamal Kumar.
Chief Justice Kumar passed away before the Tribunal could commence hearings into the allegations.
Justice Ashton-Lewis has an extensive career in law and the judiciary, having previously served as a Justice of the High Court and the Fiji Court of Appeal from 1991 to 1996.
The President has also appointed Janet Mason, a senior barrister, as Counsel assisting the Commission.
Mason holds both New Zealand and Fijian citizenship.
She is admitted to both the Fiji and New Zealand Bars and has extensive experience in public, governance, and constitutional law, having served as Legal Counsel to the Great Council of Chiefs.
The newly appointed Commissioner, Justice David E. Ashton-Lewis, and Counsel Assisting the Commission, Ms. Janet Mason, are expected to arrive in Fiji soon and will be sworn into office.
Arrangements are already underway to establish a secretariat that will facilitate the work of the Commission.