A former High Court judge in Fiji has revealed how one of his rulings triggered open dissatisfaction from Fiji’s then attorney-general, saying the experience reinforced the importance of judicial independence.
Malaysian lawyer David Alfred shared the account during the launch of his memoir, Legal Passages: Memoirs of a Judge, in Kuala Lumpur on Friday.
Mr Alfred, who served as a contract judge in Fiji’s High Court between 2015 and 2019, said the reaction followed a decision he delivered while sitting in Fiji’s Court of Disputed Returns.
During the case, he awarded a parliamentary seat to an opposition candidate.
“This incurred the ire of the then attorney-general, who did not hesitate to openly express his dissatisfaction with my decision,” he said.
Mr Alfred said the incident demonstrated why judges must not only claim independence but visibly uphold it through fearless and impartial decision-making.
“A judge could not merely claim to be independent but must show he is independent by demonstrating high self-esteem and delivering judgments plainly made without fear, favour or prejudice,” he said.
The 80-year-old former judge said he began writing the memoir during the COVID-19 pandemic in 2020 while confined at home.
The book traces his childhood, legal journey and experiences on the bench, including his years serving in Fiji’s superior courts.
Published by Thomson Reuters Malaysia, the memoir was launched by Human Rights Commission of Malaysia chairman Hishamudin Yunus, who studied law alongside Mr Alfred in England.
Before joining Fiji’s judiciary, Mr Alfred spent more than three decades in private legal practice in Malaysia and later worked as in-house counsel for two commercial banks.
“I then elected to retire. But destiny had other plans for me,” he said.
While serving in Fiji, he was also invited to sit on the Fiji Court of Appeal from time to time.
His reflections are expected to renew debate around judicial independence, accountability and the relationship between the judiciary and political leadership in Fiji.
Bottom of Form
