Judge calls out Government for failing to act on COI report

Commissioner of Inquiry Justice David Ashton-Lewis has raised concerns on the Government leaders failure to act on the bulk of recommendations arising from his investigation into the appointment of former FICAC Commissioner Barbara Malimali.

The Supreme Court judge issued a public statement, saying he was “gravely concerned” that more than 14 weeks after submitting his report to President Ratu Naiqama Lalabalavu and Prime Minister Sitiveni Rabuka, only two of the 17 recommendations had been implemented.

“I have taken the unusual step of releasing this statement because I am gravely concerned about the lack of action on the part of the State to implement the 17 recommendations of the Commission of Inquiry,” Justice Ashton-Lewis said.

So far, Malimali and her deputy, Lisiate Fotofili, have been removed, a redacted report was released, and then–attorney-general Graham Leung was dismissed.

But Justice Ashton-Lewis said two of the most critical recommendations had been ignored.

Call for Chief Justice’s removal

The inquiry had urged the Prime Minister to advise the President to remove Chief Justice Salesi Temo, who Justice Ashton-Lewis said was “liable for charges of perjury, obstructing and perverting the course of justice, and abuse of office.”

“The COI was specifically told by the President verbally that this would happen. Yet to date, Justice Temo remains the Chief Justice,” he said.

He also raised concerns about personal ties between the President and the Chief Justice.
“It is a mandatory requirement under section 82 of the Constitution that the President acts on the advice of the Prime Minister as Head of the Cabinet. To defy them would be a serious offence warranting his own removal.”

“Grave violation” of justice system

The judge also condemned the continued roles of Acting DPP Nancy Tikoisuva and Deputy DPP John Rabuku, both of whom were named adversely in the inquiry.

“In recommendation 81(g), the COI specifically says that the Acting DPP and Deputy DPP ‘are conflicted, and have already demonstrated a lack of impartiality, and objectivity, and a disregard for proper professional standards’. Yet more than 14 weeks later, they remain in place,” he said.

“This is unacceptable. It breaches the most fundamental principle of the rule of law, which is the independence of the offices of state in the criminal justice system. Under no circumstances must they have carriage of the investigations coming to them from the police.”

Warning to leaders

Justice Ashton-Lewis quoted his own report’s conclusion:

“The Government of Fiji must act decisively. If it is serious about fighting corruption, it must start by cleaning out those who have worked in the shadows to seize control of FICAC, and hold to account those who have corrupted its very foundation. Anything less would be a betrayal of the people of Fiji, and a mockery of justice.”

He added: “My own confidence in Sitiveni Rabuka has been dented by his failure to act decisively, especially if he is putting his traditional obligations to his chief above his obligations to the people of Fiji by adhering to the rule of law.”

Justice Ashton-Lewis closed by urging the President and Prime Minister “not to betray the Fijian people and not to make a mockery of justice,” and appealed to the media to publish his statement and the full recommendations.

“May God Bless Fiji and all its people,” he said.