FORMER Chief Justice of Tonga and High Court and Court of Appeal Fiji judge Michael Scott has called for the immediate establishment of a targeted commission to investigate and resolve the operational gridlock crippling Fiji’s judicial system.
Speaking at the Fiji Law Society Annual Convention in Nadi last week, Mr Scott proposed that a new commission, whether formal or informal, be established without delay to restore court efficiency, suggesting Sir Terence Arnold KC Supreme Court of Fiji judge, serve as its chairman.
Mr Scott emphasised that a new inquiry would not need to start from scratch or waste time on lengthy preliminary interviews. By utilising the foundational work already contained within the 1994 Beatty report, the proposed commission could quickly produce actionable solutions to eliminate court backlogs.
“I would like to call for another commission, whether a formal commission of inquiry or a less formal commission, to look into this matter all over again to see if we can do better.
“It wouldn’t have to take terribly long because it’s got the Beatty Commission to get it off to a flying start,” he said.
Mr Scott said public commissions of inquiry have historically played a vital role in addressing major issues of national importance in Fiji when structured correctly.
While historical inquiries effectively addressed major national developments, Mr Scott said modern authorities must ensure that future commissions maintained that high standard.
He said that formal inquiries should be reserved for genuine national priorities rather than routine administrative matters.
“So perhaps against that background of inquiries into really major issues of national importance, the first question that comes to mind is whether, really, in all the circumstances, they were of such national importance and so effective with the general public welfare that it could really reasonably be said they warranted a national inquiry at this level.”
