Justice David Ashton-Lewis, chair of the Commission of Inquiry into the controversial appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC), has issued a rare public statement, expressing “grave concern” over the State’s inaction on key recommendations arising from the inquiry.
Justice Ashton-Lewis said he was compelled to speak out after more than 14 weeks had passed with only minimal progress on the 17 recommendations he submitted to both the President, Ratu Naiqama Lalabalavu, and the Prime Minister, Sitiveni Rabuka.
“I have taken the unusual step of releasing this statement because I am gravely concerned about the lack of action on the part of the State,” he said.
According to the statement, only two of the 17 recommendations have been implemented so far, the removal of Barbara Malimali as FICAC Commissioner, and the dismissal of her deputy, Lisiate Fotofili.
However, Justice Ashton-Lewis raised alarm over the government’s failure to act on what he described as two of the most “important recommendations.”
Chief among them is a recommendation for the Prime Minister to advise the President to remove Chief Justice Salesi Temo under section 111(3) of the Constitution.
“The COI was specifically told by the President verbally that this would happen. Yet to date, Justice Temo remains the Chief Justice,” said Justice Ashton-Lewis.
“I am gravely concerned at reports that Ratu Naiqama and Salesi Temo are old friends and are related by marriage, and that the Prime Minister believes he cannot force the President’s hand because Ratu Naiqama is his high chief.”
“I urge both the President and Prime Minister to uphold their constitutional duty, which goes to the heart of the integrity of the State and on which the confidence of the Fijian people, indeed the whole world, depends.”
