Commission hits back at Justice Lewis over COI comments

The Judicial Service Commission (JSC) has strongly denounced recent remarks by former Commissioner of the Commission of Inquiry, Justice David Aston Lewis, regarding the implementation of recommendations from the Commission of Inquiry (COI) report.

In a statement issued today, JSC Secretary and Chief Registrar Tomasi Bainivalu said Justice Lewis was “functus officio,” meaning his mandate ended once the inquiry concluded and his final report was submitted.

“The Judicial Service Commission (JSC) Secretary, the Chief Registrar wishes to categorically denounce the recent remarks attributed by the former Commissioner of the Commission of Inquiry, Justice David Aston Lewis, concerning the implementation of the 17 recommendations in the COI report, particularly the suggestion that the Prime Minister should consider advising His Excellency the President under section 111(3) of the Constitution to remove the Honorable Chief Justice Salesi Temo,” Bainivalu said.

“Justice Lewis is functus officio. His mandate as Commissioner of the Commission of Inquiry ceased upon the conclusion of the Inquiry and the submission of his final report. As such, he no longer has any authority to pronounce on, interpret, or direct how the recommendations are to be considered or implemented.”

He added that the report has been formally handed to the relevant constitutional authorities for consideration.

“The Commission of Inquiry’s report has been formally handed over to the appropriate constitutional authorities.

The responsibility for considering its findings and recommendations lies solely with the relevant authorities of the State, as provided for under the Constitution and the laws of Fiji. It is not for a former Commissioner Justice Lewis, who has completed his task, to dictate or influence that process.”

The JSC also reaffirmed its support for the judiciary.

“The JSC Secretary, emphasizes its confidence in the independence of the judiciary and reaffirms that constitutional processes must be respected and safeguarded.

“The Chief Justice, as head of the judiciary, continues to discharge his constitutional duties with integrity, and any suggestion otherwise is both unwarranted and inappropriate,” Bainivalu added.

The statement reminded the public that only the President, in consultation with the Prime Minister, has authority over the COI’s recommendations.

“The public is reminded that the proper course of action regarding the recommendations of the Commission of Inquiry rests entirely with the competent State authorities, and in our case, His Excellency the President with of course in consultations with the Honorable Prime Minister.

“The JSC will not entertain or dignify further commentary from individuals who no longer hold office in the Inquiry.

The JSC confirmed it is taking legal advice on the COI report and would shortly take appropriate action.