The High Court in Suva was told that Justice David Ashton-Lewis, who presided over the controversial Commission of Inquiry (COI), had become a “drag” on court proceedings and should be removed.
Lawyer Isireli Fa, appearing for the Judicial Services Commission (JSC), made the remarks during submissions before Justice Dane Tuiqereqere yesterday, in a matter concerning the confidentiality of settlement terms agreed between the JSC, the COI and the Attorney-General.
Mr Fa said Justice Ashton-Lewis was only a nominal party in the proceedings but had caused delays by insisting on citing the terms of the settlement.
He told the court that a notice of discontinuance had already been filed against Justice Ashton-Lewis and that an offer of $5000 in costs had been made, but no response had been received.
Justice Ashton-Lewis is represented by Hemendra Nagin.
In response, Justice Tuiqereqere said that if the parties were seeking a confidentiality order, the court would need to be properly persuaded before granting it.
He directed Mr Fa to file the final terms of settlement for the judge’s consideration only, along with written submissions supporting the request by January 27.
The JSC last year filed a judicial review application seeking to quash the findings and recommendations of the COI into the appointment of Barbara Malimali as FICAC Commissioner.
The matter has been adjourned to March 23 for hearing.
