Justice David Ashton-Lewis, Judge of the Supreme Court of Fiji and Commissioner of the Commission of Inquiry (COI) into the appointment of the former FICAC Commissioner Barbara Malimali, has issued an extraordinary public statement condemning the government’s failure to act on the COI’s 17 recommendations — more than 14 weeks after they were handed to President Ratu Naiqama Lalabalavu and Prime Minister Sitiveni Rabuka.
Key points in his public statement:
“Anything less would be a betrayal of the people of Fiji, and a mockery of justice", says Justice David Ashton-Lewis This statement signals a deep constitutional crisis, suggesting political protection of allies and undermining public confidence in Fiji’s justice system.
Key points in his public statement:
- Ignored Recommendations: Only 2 out of 17 COI recommendations have been implemented.
- Removal of Top Officials: The COI called for the removal of Chief Justice Salesi Temo for alleged perjury, obstruction of justice, and abuse of office, but Rabuka has failed to advise the President. Ashton-Lewis suggests political interference because Ratu Naiqama and Temo are close friends and related by marriage.
- Barbara Malimali’s Dismissal: While Malimali has been removed as Acting FICAC Commissioner, her deputy Lisiate Fotofili was rehired in the Office of the DPP — against COI advice.
- Conflict of Interest at ODPP: The COI found that Acting DPP Nancy Tikoisuva and Deputy DPP John Rabuku are “conflicted” and lack impartiality. Despite this, they remain in office and control investigations into figures implicated in the COI report.
- Threat to Rule of Law: Ashton-Lewis warns that allowing implicated officials to oversee investigations “makes a mockery of justice” and breaches the independence of Fiji’s criminal justice system.
- Call for Action: He appeals to the President, Prime Minister, and Judicial Services Commission to uphold constitutional duties and act decisively against corruption.
“Anything less would be a betrayal of the people of Fiji, and a mockery of justice", says Justice David Ashton-Lewis This statement signals a deep constitutional crisis, suggesting political protection of allies and undermining public confidence in Fiji’s justice system.
