“I am right up in your face on this bench, this Kaivalagi fella” – CoI judge addressed racial claims

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Chair of the Commission, Justice David E. Ashton-Lewis. Picture: LITIA RITOVA

Commission on Inquiry chairman, Justice David Ashton-Lewis addressed the issue of discrimination brought up by former FICAC Commissioner, Barbara Malimali during the proceedings.

This is stated in the Commission of Inquiry report that was released yesterday.

The report reveals Ms  Malimali was on the stand.

While being questioned she said “I feel like I’m on trial and I feel that I’ve been unfairly treated from the beginning, and it constitutes so, and its hard for me to sit here and listen to somebody from another country, come into my country As an indigenous person to offend me and insult me.”

Justice Lewis is quoted as saying that all participants, regardless of their background, were entitled to be heard and respected within the legal framework of the Inquiry.

“Please sit-down Ms. Malimali. I want to bring to everyone’s attention, every person is equal before the law and has a right to equal protection. You all know that,” Justice Lewis is quoted as saying in the CoI report.

“Now I think we all need to know and we do know, we have Indian descent humans in this room. We have iTaukei and the one I can’t hide because I’m right up in your face on this Bench is this Kaivalagi fella.”

“So this is a multiethnic, multi-racial society. So can we please remember that, and I’m not singling you out, Ms. Malimali, so please understand this, because we all need to be reminded, we all have rights.”

Justice Lewis is quoted in the Coi report saying that he did a lot of Aboriginal Legal Aid.

“I saw discrimination. I saw racism. I saw ugly things. But the thing that always worked was that the majority of the people are not racist, are not concerned about what colour skin you’ve got, what language you speak.”

“If I cut your hand, Mr Singh (Counsel), your blood is as red as mine.”

“And so, just can I ask you in this issue, please remember the Bill of Rights and remember that which I read out to you. You’ll find it in section 26.”