SENIOR judges are appointed to lead commissions of inquiry because of their competence, independence and temperament, says the Fiji Law Society president Wylie Clarke.
Referring to comments by Justice David Ashton-Lewis in an interview with an Australian radio station last month, Mr Clarke said the commissioner of the Barbara Malimali inquiry appeared to have disregarded his obligations.
“The reason that commissions of inquiry are, all over the world, entrusted to senior judges is because those judges are seen to have the competence, independence and temperament to manage an inquiry process and make well-founded findings of fact based on that process,” said Mr Clarke.
“Justice Ashton-Lewis, who is bound by section 4 of the Commissions of Inquiry Act 1946 to swear an oath to preserve the confidentiality of the COI, its proceedings and his opinions, seems to have completely disregarded his legal obligations.
“Having demanded that all those appearing before him maintain absolute confidentiality, he appears to have no problem disregarding his own rules.”
He said the COI undertook an unprecedented and undignified attack mid-process on Ms Malimali to have her suspended from office “insisting, clearly incorrectly, that it could not continue its work without her suspension”.
Mr Clarke said Justice Ashton-Lewis had mischaracterised the facts in broad and prejudicial statements, claiming, for example, that Ms Malimali had been “universally seen as corrupt” at the time of her appointment.
“There is no evidence for such a strong statement,” he said.
“By his own admission, Justice Ashton-Lewis appears to be actively advising the Prime Minister on implementation of the COI report, including on how to ‘cut the ground’ from under those he sees as the Prime Minister’s opponents.
“He suggests he is doing the Prime Minister’s bidding by revealing to him ‘the crocodiles in the pond’. Yet the Prime Minister himself was a witness in the COI and potentially the subject of findings (positive or negative).”
Mr Clarke said Justice Ashton-Lewis appeared to express his direct political support for the Prime Minister by defending him from attack and declaring the PM was committed to the rule of law in contrast to his “enemies”.
“Justice Ashton-Lewis seems to demonstrate a lack of knowledge of essential facts, including Fiji’s current membership of the Commonwealth. He has suggested that he was a ‘constitutional judge’ on the High Court in the 1990s when there was no such position. He suggests that he has been ‘quietly’ told that he will receive more inquiry work.”
Questions sent to Justice Ashton-Lewis yesterday were not unanswered.
