Justice David Ashton-Lewis failed to afford natural justice to Fiji Law Society president William Wylie Clarke and immediate past president Laurel Vaurasi when making “grossly defamatory” findings against them in a Commission of Inquiry report, the High Court heard yesterday.
King’s Counsel Martin Daubney, appearing before Justice Dane Tuiqereqere, argued that Justice Ashton-Lewis went beyond the inquiry’s mandate, which was limited to examining the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption.
Mr Daubney said the commissioner’s conduct created an appearance of bias and that the adverse findings against his clients were “out of scope”.
He referred to a meeting cited in the report involving the Chief Registrar and a group of lawyers labelled the “Malimali Rescue Party”, which allegedly attempted to secure Ms Malimali’s release from arrest on September 5, 2024. The report concluded that Mr Clarke, Ms Vaurasi, and others used bullying and intimidation to obstruct justice.
However, Mr Daubney said his clients were present only as Fiji Law Society representatives.
He further submitted they were not informed that serious findings, including possible criminal referrals, could be made against them. While other officials were recalled to give evidence, his clients were not given the same opportunity to respond.
Mr Daubney argued this denial of natural justice was deliberate and had caused significant reputational harm to Mr Clarke and Ms Vaurasi.
