The Fiji Law Society has launched a scathing attack on Supreme Court judge and Commissioner, David Ashton-Lewis, calling for his resignation.
This follows Mr Ashton Lewis’ radio interview in Australia where he has revealed startling details of his FICAC Commission of Inquiry.
FLS President Wylie Clarke said this action is inappropriate for a Judge of the Supreme Court of Fiji.
“Judges at every level of Fiji’s court system are expected to be politically independent. They are expected to exercise careful discretion to comment on the matters in which they are involved either in the most neutral and sensitive terms,’ said Mr Clarke.
Considerable time and money — believed to run into the millions of dollars — has been spent on the COI. The post-COI process has descended into chaos.”
“Those persons criticised in the COI Report have had no access to the COI Report and its findings.”
“Justice Ashton-Lewis is openly suggesting that the withholding of the COI Report by the Government, including against persons affected by it, is on his own advice.”
“That advice is contrary to section 16 of the 2013 Constitution of Fiji which guarantees executive and administrative justice, the right to procedural fairness, to everyone.”
The Fiji Law Society calls on Justice Ashton-Lewis himself to either resign from the Supreme Court of Fiji or that he faces disciplinary proceedings under s.112 of the Constitution of Fiji 2013.
“Fiji has made significant progress since 2022 to ensure judicial independence and stronger and more robust courts.”
“It cannot be seen to compromise on standards of judicial conduct and independence, particularly at the level of its highest court.”
“The Fiji Law Society has in the past, been prepared to challenge and take to court questions of the suitability and qualifications of judicial officers. If necessary, it will do so again.”
