Barbara Malimali has been suspended with immediate effect as Commissioner of FICAC pending investigation by the Fiji Police Force of allegations against her raised in the Commission of Inquiry report.
Barbara Malimali has been suspended with immediate effect as Commissioner of FICAC pending investigation by the Fiji Police Force of allegations against her raised in the Commission of Inquiry report.
Prime Minister, Sitiveni Rabuka confirms that President, Ratu Naiqama Lalabalavu has decided this after advice from the Prime Minister and Minister responsible for the Commission of Inquiries Act.
Rabuka says Lavi Rokoika has been appointed with immediate effect as Acting Commissioner of FICAC.
Lisiate Fotofili’s appointment as Deputy Commission of FICAC has been rescinded with immediate effect and he returns to his substantive position in the Judiciary.
Rokoika has assumed office as Acting Commissioner of FICAC and met with Malimali, Fotofili and FICAC Managers at the FICAC Headquarters in Suva this afternoon.
Rabuka asks the people of Fiji to remain patient as they carefully map the implementation of the COI Report.
He stresses he is committed to release of the report which is funded by the people of Fiji however this will be done in a manner to ensure that investigations are not prejudiced, civil rights of accused persons are respected and the rule of law maintained.
The final report of the COI was transmitted on 14th May 2025 with eight chapters and ten annexures with a total of 648 pages including the ten annexures.
Malimali is yet to reveal what she will do.
The President has not released any statement.
Questions continue to be raised how the Commission of Inquiry report into Malimali’s appointment as FICAC Commissioner is being treated as a lot of allegations against several people are in the report without any legal proof.
Calls continue to be made for the report to be made public while Rabuka says that it won't be done as Police and FICAC may investigate some issues raised in the report.
Some legal sources are saying that the report could be weaponised to target certain individuals, and questions remain on legal proof on the allegations made against the people in the COI report.
According to the Commissions of Inquiry Act, no evidence taken under the Act shall be admissible against any person in any civil or criminal proceeding whatsoever, except in the case of a person charged with false interpretation, or with giving false evidence before the Commissioners.
Any person who threatens, insults or injures any person on account of any evidence which he may give or has given before the Commissioners or who binders or deters any person from giving evidence before the Commissioners is guilty of an offence and shall be liable upon conviction to a fine of two hundred dollars or to imprisonment for a term of six months.
Any person appointed by the Commissioners as interpreter who wilfully gives a false interpretation of any evidence or makes an untrue translation of any document is guilty of an offence and shall be liable upon conviction to a fine of two hundred dollars or to imprisonment for a term of six months.
Stay with us for developments.
Attorney General, Graham Leung has been dismissed by Prime Minister, Sitiveni Rabuka earlier today.
Leung has confirmed this to fijivillage News.
When questioned on the reasons for his dismissal, Leung says it is his prerogative to appoint his Ministers or replace them.
Leung says he respects the constitutional authority of the Prime Minister.
The departing Attorney General says he wishes the Government every success, and he is grateful for the opportunity to have been of service.
A new Attorney General is expected to be appointed soon.
The Prime Minister is yet to comment or release a statement.
Stay with us for developments.
The Attorney General's dismissal comes just hours after Barbara Malimali was suspended with immediate effect as Commissioner of FICAC pending investigation by the Fiji Police Force of allegations against her raised in the Commission of Inquiry report.
Prime Minister, Sitiveni Rabuka confirms that President, Ratu Naiqama Lalabalavu has decided this after advice from the Prime Minister and Minister responsible for the Commission of Inquiries Act.
Rabuka says Lavi Rokoika has been appointed with immediate effect as Acting Commissioner of FICAC.
Lisiate Fotofili’s appointment as Deputy Commission of FICAC has been rescinded with immediate effect and he returns to his substantive position in the Judiciary.
Rokoika has assumed office as Acting Commissioner of FICAC and met with Malimali, Fotofili and FICAC Managers at the FICAC Headquarters in Suva yesterday afternoon.
Rabuka asks the people of Fiji to remain patient as they carefully map the implementation of the COI Report.
He stresses he is committed to release of the report which is funded by the people of Fiji however this will be done in a manner to ensure that investigations are not prejudiced, civil rights of accused persons are respected and the rule of law maintained.
The final report of the COI was transmitted on 14th May 2025 with eight chapters and ten annexures with a total of 648 pages including the ten annexures.
Malimali is yet to reveal what she will do.
The President has not released any statement.
Questions continue to be raised how the Commission of Inquiry report into Malimali’s appointment as FICAC Commissioner is being treated as a lot of allegations against several people are in the report without any legal proof.
Calls continue to be made for the report to be made public while Rabuka says that it won't be done as Police and FICAC may investigate some issues raised in the report.
Some legal sources are saying that the report could be weaponised to target certain individuals, and questions remain on legal proof on the allegations made against the people in the COI report.
According to the Commissions of Inquiry Act, no evidence taken under the Act shall be admissible against any person in any civil or criminal proceeding whatsoever, except in the case of a person charged with false interpretation, or with giving false evidence before the Commissioners.
Any person who threatens, insults or injures any person on account of any evidence which he may give or has given before the Commissioners or who binders or deters any person from giving evidence before the Commissioners is guilty of an offence and shall be liable upon conviction to a fine of two hundred dollars or to imprisonment for a term of six months.
Any person appointed by the Commissioners as interpreter who wilfully gives a false interpretation of any evidence or makes an untrue translation of any document is guilty of an offence and shall be liable upon conviction to a fine of two hundred dollars or to imprisonment for a term of six months.
Minister for Defence and Veteran Affairs, Pio Tikoduadua is expected to meet with Prime Minister, Sitiveni Rabuka next week regarding a letter received by Tikoduadua from the Commander of the Republic of Fiji Military Forces, Major General Jone Kalouniwai.
The letter is regarding the Commission of Inquiry report into the appointment of Barbara Malimali as FICAC Commissioner.
Tikoduadua says he will discuss the contents of the letter with the Prime Minister first.
Major General Kalouniwai is yet to comment.
Stay with us for developments.
Attorney General, Graham Leung has been dismissed by Prime Minister, Sitiveni Rabuka earlier today.
Leung has confirmed this to fijivillage News.
He is on an official visit to China to sign off on a Treaty.
When questioned on the reasons for his dismissal, Leung says it is his prerogative to appoint his Ministers or replace them.
Leung says he respects the constitutional authority of the Prime Minister.
The departing Attorney General says he wishes the Government every success, and he is grateful for the opportunity to have been of service.
A new Attorney General is expected to be appointed soon.
Rabuka says he has decided to exercise the power conferred upon him by Section 92(3)(b) of the Constitution, to dismiss Graham Leung as a Minister holding the office of Attorney-General, with immediate effect. Rabuka had appointed Leung as a Minister of his Cabinet to serve as Attorney General on 5th June 2024. The Prime Minister says the findings in the recent Report of the Commission of Inquiry into the appointment of the FICAC Commissioner, has made it evident to him that Leung’s position in his Cabinet is now untenable. Rabuka says this is not a decision he has taken lightly, but one that is necessary in the best interest of the people that they serve.
Stay with us for developments.
The Attorney General's dismissal comes just hours after Barbara Malimali was suspended with immediate effect as Commissioner of FICAC pending investigation by the Fiji Police Force of allegations against her raised in the Commission of Inquiry report.
Prime Minister, Sitiveni Rabuka confirms that President, Ratu Naiqama Lalabalavu has decided this after advice from the Prime Minister and Minister responsible for the Commission of Inquiries Act.
Rabuka says Lavi Rokoika has been appointed with immediate effect as Acting Commissioner of FICAC.
Lisiate Fotofili’s appointment as Deputy Commission of FICAC has been rescinded with immediate effect and he returns to his substantive position in the Judiciary.
Rokoika has assumed office as Acting Commissioner of FICAC and met with Malimali, Fotofili and FICAC Managers at the FICAC Headquarters in Suva yesterday afternoon.
Rabuka asks the people of Fiji to remain patient as they carefully map the implementation of the COI Report.
He stresses he is committed to release of the report which is funded by the people of Fiji however this will be done in a manner to ensure that investigations are not prejudiced, civil rights of accused persons are respected and the rule of law maintained.
The final report of the COI was transmitted on 14th May 2025 with eight chapters and ten annexures with a total of 648 pages including the ten annexures.
Malimali is yet to reveal what she will do.
The President has not released any statement.
Questions continue to be raised how the Commission of Inquiry report into Malimali’s appointment as FICAC Commissioner is being treated as a lot of allegations against several people are in the report without any legal proof.
Calls continue to be made for the report to be made public while Rabuka says that it won't be done as Police and FICAC may investigate some issues raised in the report.
Some legal sources are saying that the report could be weaponised to target certain individuals, and questions remain on legal proof on the allegations made against the people in the COI report.
According to the Commissions of Inquiry Act, no evidence taken under the Act shall be admissible against any person in any civil or criminal proceeding whatsoever, except in the case of a person charged with false interpretation, or with giving false evidence before the Commissioners.
Any person who threatens, insults or injures any person on account of any evidence which he may give or has given before the Commissioners or who binders or deters any person from giving evidence before the Commissioners is guilty of an offence and shall be liable upon conviction to a fine of two hundred dollars or to imprisonment for a term of six months.
Any person appointed by the Commissioners as interpreter who wilfully gives a false interpretation of any evidence or makes an untrue translation of any document is guilty of an offence and shall be liable upon conviction to a fine of two hundred dollars or to imprisonment for a term of six months.
Fiji Labour Party Leader, Mahendra Chaudhry welcomes Prime Minister, Sitiveni Rabuka’s move to implement the recommendations of the Commission of Inquiry report on the appointment of Barbara Malimali as Commissioner FICAC but he says they are aware that a number of other members of the Cabinet and those in the judiciary and the legal fraternity have also been indicted in the COI report.
Chaudhry says Malimali has been suspended pending an inquiry. Rabuka has also sacked Attorney General Graham Leung saying that his position in the Cabinet had become “untenable” following the findings of the COI.
Chaudhry hopes other members of the Cabinet and those in the judiciary and the legal fraternity will be dealt with in a similar manner.
He says the Prime Minister's move comes hot on the heels of reports that Army Commander Major General Ro Jone Kalouniwai had written to government expressing concern that the COI report was not being made public.
Chaudhry says this is a step in the right direction but the Prime Minister has a long way to go to thoroughly clean up “ the rot” that began with the controversial appointment of Malimali as FICAC Commissioner last July.
He says they expect the Prime Minister to continue the clean up process to ensure that good governance and the rule of law are fully upheld.
Chaudhry says the people will accept no less from Rabuka.
When asked by fijivillage News on whether he will also act against any other Cabinet Ministers or senior civil servants, Rabuka says he can only take unilateral action, according to the Constitution, on the Attorney General, others will be in accordance with other processes and the law.
Opposition MP, Premila Kumar says the Prime Minister’s announcement to suspend Barbara Malimali as FICAC Commissioner stops short of confirming whether her appointment was found to be improper or unlawful.
Kumar says if irregularities were identified: why has Malimali been suspended rather than terminated.
She asks on what grounds has Malimali's file been referred to the Fiji Police.
Kumar asks what is the nature of the allegations under investigation as the public has a right to clarity on these matters.
She says they deserve full transparency on whether any breaches of law or ethics occurred, and whether those breaches warrant more than a temporary suspension.
Kumar adds Malimali’s appointment was made by the President, on the recommendation of the Judicial Services Commission, chaired by the Chief Justice.
She says if the appointment process failed to meet legal or ethical standards, then her appointment should have been revoked.
The Opposition MP says the accountability must also extend to the JSC, including its Chair and members.
She asks will the JSC Chair and Commissioners also be held accountable. Kumar also says it remains unclear whether Malimali has been suspended on full pay or without pay.
She asks if her appointment did not meet legal standards, is continued remuneration justified.
Kumar says this ambiguity must be resolved to avoid perceptions of preferential treatment or waste of public funds.
She says suspension, however, implies Malimali remains an officer of FICAC until further notice.
Kumar also raises the issue that while the revocation of the Deputy FICAC Commissioner, Lisiate Fotofili’s appointment is appropriate, his reinstatement to a judicial role is deeply problematic.
Kumar says Fotofili had resigned from the judiciary to take up a 3-year FICAC contract.
She says reinstatement without a formal application and vetting process, especially if his previous post has been filled, raises legal and ethical concerns.
She says it also sets a dangerous precedent and raises questions about the integrity of judicial appointments.
Kumar says if due process was not followed, both the appointees and those responsible for their appointments must be held accountable.
She urges the Prime Minister to publicly release the full COI report and outline the government’s plan for implementing the remaining recommendations.
Prime Minister Rabuka had earlier said to fijivillage News that he will not make any further comments for now.
We have sought a response from him.
The Fiji Law Society says it appears that both Prime Minister, Sitiveni Rabuka and the President, Ratu Naiqama Lalabalavu have been poorly advised on their powers in dealing with issues after the Commission of Inquiry report in relation to the appointment of Barbara Malimali as FICAC Commissioner.
Law Society President, Wylie Clarke says it is inevitable that these decisions will be legally challenged.
He says this will only create further uncertainty and controversy over the affairs of FICAC and its leadership.
The Society respectfully urges the President to recall his decisions on the affected FICAC officials and to obtain independent and impartial legal advice on how to proceed.
They also make the same request of the Prime Minister, who has been poorly advised on the recommendations he has made to the President.
The Fiji Law Society says it is deeply concerned about recent actions taken by the President concerning the Commissioner and Acting Deputy Commissioner of FICAC.
According to a statement issued by the Prime Minister on 29th May 2025, the President appears to have decided to suspend Malimali, dismiss the Acting Deputy Commissioner (and appoint him Magistrate), and appoint a new Acting Deputy Commissioner on the advice of the Prime Minister.
Clarke says if that is so, these actions are not constitutional or lawful.
He stresses that the Prime Minister has no constitutional role in the appointment or discipline of the Commissioner and Acting Deputy Commissioner of FICAC.
Clarke says that is the role of the Judicial Services Commission.
As a result, the Society does not understand how the Prime Minister believes he can advise the President to suspend Malimali, dismiss the Acting Deputy Commissioner and appoint a new Acting Deputy Commissioner.
Clarke says there is a specific reason why these FICAC appointments are left to the JSC and not to Government Ministers.
He says it is to ensure the “separation of powers”, a critical constitutional concept and fundamental principle of the Rule of Law.
Clarke says specifically in the case of the FICAC Commissioner’s job, it is to avoid political interference in the affairs of FICAC.
The Law Society President says the Government statement says that the President acted in accordance with sections 81 and 82 of the Constitution.
However he says section 82 is very clear.
It says the President acts only on the advice of Cabinet or a Minister or of some other body or authority prescribed by the Constitution for a particular purpose as the body or authority on whose advice the President acts in that case.
In this case the “prescribed authority” is the Judicial Services Commission, it is not the Prime Minister.
Clarke further clarifies that it follows that in the absence of any advice or recommendation from the JSC to the President in relation to Malimali, the decision to suspend Malimali is unlawful.
He says it is equally unlawful for the President to appoint an acting FICAC Commissioner and to dismiss the Deputy Commissioner of FICAC and re-appoint him to the Magistracy without the recommendations of the JSC.
Clarke further says the Prime Minister’s statement says that the President is implementing recommendations of the Commission of Inquiry into Malimali’s appointment but no one has had the opportunity to read the COI report or to comment on its findings or recommendations and whether or not those findings and recommendations are correct.
The Law Society President says the findings of the COI report can be challenged in court, so it is only fair that those who are affected by the COI report – including Malimali and the now dismissed Attorney General, Graham Leung – have the opportunity to see what has been said about them in the COI report and to challenge its conclusions if they wish.
Clarke says in the meantime, the President and the Prime Minister must respect the Constitution by which they are bound.
He stresses the executive’s intrusion into the functions and roles of the JSC must not be permitted because it sets a precedent that threatens the independence of the judiciary and other constitutional commissions.
Clarke says whatever problems they are trying to solve in the actions they have taken, they are only creating further problems by acting outside the law.
Clarke says the FICAC saga has preoccupied and distracted the Government for many months.
The Society had earnestly hoped that the COI report would bring that to an end.
Clarke says unfortunately, it appears that the actions taken in response to the COI report are only going to further extend the distraction and controversy.
He says this is not a good outcome for the stability and good governance that Fiji needs as the necessary foundation for addressing the many critical social and economic issues we face as a nation.
We have sent questions to Prime Minister Rabuka on who is giving legal advice to him and the President, and whether he will relook at the issues at hand based on the Law Society saying that both he and the President are acting outside the Constitution.
He is yet to comment.
Another twist in the aftermath of the Commission of Inquiry report into the appointment of Barbara Malimali as FICAC Commissioner today as Prime Minister, Sitiveni Rabuka confirms that President, Ratu Naiqama Lalabalavu has rescinded Malimali’s suspension and also revoked her appointment as Commissioner of FICAC.
Rabuka says the President has informed him that he has reviewed his decision of 29th May 2025, with regard to the suspension of Malimali as Commissioner of FICAC, and the rescission of the appointment of Lisiate Fotofili as Acting Deputy FICAC Commissioner and his return to his substantive position in the Judiciary, and taken further decisions. The Prime Minister says after careful consideration, the President has decided to revoke Malimali's appointment as FICAC Commissioner.
He says this is to implement the first recommendation in Chapter 8 of the COI Report in accordance with the legal advice from Professor Phillip Joseph KC; and also to withdraw the rescission of the appointment of Lisiate Fotofili as Acting Deputy FICAC Commissioner and his return to his substantive position in the Judiciary, and instead, revoke his appointment as Acting Deputy Commissioner FICAC, in accordance with the first recommendation in Chapter 8 of the COI Report.
Rabuka confirms both decisions are effective immediately.
The Fiji Law Society had earlier said it appears that both Prime Minister Rabuka and President, Ratu Naiqama Lalabalavu have been poorly advised on their powers in dealing with issues after the Commission of Inquiry report in relation to the appointment of Barbara Malimali as FICAC Commissioner.
Law Society President, Wylie Clarke said according to a statement issued by the Prime Minister on 29th May 2025, the President appears to have decided to suspend Malimali, dismiss the Acting Deputy Commissioner (and appoint him Magistrate), and appoint a new Acting Deputy Commissioner on the advice of the Prime Minister.
Clarke says if that is so, these actions are not constitutional or lawful.
He stresses that the Prime Minister has no constitutional role in the appointment or discipline of the Commissioner and Acting Deputy Commissioner of FICAC.
Clarke says that is the role of the Judicial Services Commission.
As a result, the Society does not understand how the Prime Minister believes he can advise the President to suspend Malimali, dismiss the Acting Deputy Commissioner and appoint a new Acting Deputy Commissioner.
We had sent questions to Prime Minister Rabuka on who is giving legal advice to him and the President, and whether he will relook at the issues at hand based on the Law Society saying that both he and the President are acting outside the Constitution.
He is yet to comment but the legal decisions were reviewed today.
Prime Minister, Sitiveni Rabuka says he will only take action against other cabinet ministers if the result of any subsequent investigations find culpability in their actions discovered in the cause of the Commission of Inquiry.
While responding to fijivillage News on whether he is planning to take action against any other cabinet ministers after the Commission of Inquiry report, Rabuka says the Commission of Inquiry into the appointment of Barbara Malimali as FICAC Commissioner, was not adversarial, it was inquisitorial.
According to the Commissions of Inquiry Act, no evidence taken under the Act shall be admissible against any person in any civil or criminal proceeding whatsoever, except in the case of a person charged with false interpretation, or with giving false evidence before the Commissioners.
Meanwhile Prime Minister Rabuka confirms he is meeting the Deputy Prime Ministers tomorrow.
He says he is unaware of the agenda of the meeting as the Deputy Prime Ministers have asked for the meeting.
Stay with us for developments.
Minister for Justice, Siromi Turaga has been appointed as Acting Attorney General.
Prime Minister, Sitiveni Rabuka has made the appointment after the dismissal of Graham Leung following the Commission of Inquiry report.
The acting appointment will be in effect until a substantive Attorney General is appointed.
The Commander of the Republic of Military Forces, Major General Ro Jone Kalouniwai met with Prime Minister, Sitiveni Rabuka at the Government Buildings in the last hour.
The meeting follows the Army Commander’s concerns in a letter regarding the Commission of Inquiry report into the appointment of Barbara Malimali as FICAC Commissioner.
Major General Kalouniwai did not say anything when he walked into the building and when he left after the meeting.
Prior to this, Police Commissioner, Rusiate Tudravu was seen leaving the Government Buildings after a meeting.
When fijivillage News contacted Minister for Defence, Pio Tikoduadua, he confirmed he was not part of any meeting with the Army Commander or the Police Commissioner.
He later confirmed that the Commander was with the Prime Minister after coming by his office.
Stay with us for developments.
Deputy Prime Ministers, Manoa Kamikamica, Professor Biman Prasad and Viliame Gavoka met with Prime Minister, Sitiveni Rabuka at the PM’s Office this morning.
They did not make any comments on the meeting.
Rabuka had confirmed to fijivillage News yesterday that he was meeting with the Deputy Prime Ministers however he was not aware of the agenda as they had asked him for a meeting.
Stay with us for developments.
@fijivillage.com Deputy Prime Ministers, Manoa Kamikamica, Professor Biman Prasad and Viliame Gavoka met with Prime Minister, Sitiveni Rabuka at the PM’s Office this morning. Story Link: https://www.fijivillage.com/news/Deputy-PMs-meet-with-Prime-Minister-this-morning-rxf485/
♬ original sound - fijivillage
Prime Minister, Sitiveni Rabuka met with the Deputy Prime Ministers, Manoa Kamikamica, Professor Biman Prasad and Viliame Gavoka this morning, where he has advised them that he will act based on the recommendations of the Commission of Inquiry report into the appointment of Barbara Malimali as FICAC Commissioner.
While speaking after the meeting at the Government Buildings, Rabuka says the Deputy Prime Ministers had asked for the meeting.
Rabuka says they have said that they will act with the recommendations in the report.
He confirms the report will be redacted as some parts have been referred to Police and FICAC for investigation.
A meeting was also held with Police Commissioner, Rusiate Tudravu on the report earlier today.
Rabuka is also assuring the report will be made public after the redaction as some matters have to be looked at by FICAC and Police.
The Deputy Prime Ministers did not make any comments after the meeting.
Prime Minister, Sitiveni Rabuka met with the Commander of the Republic of Fiji Military Forces, Major General Ro Jone Kalouniwai and Minister for Defence, Pio Tikoduadua regarding the Commander’s concerns about the Commission of Inquiry report into the appointment of Barbara Malimali as FICAC Commissioner.
Rabuka confirms he has been communicating directly with the Commander on how he is dealing with the COI report.
Rabuka makes it clear that Chapter 7 has some people named in the Commission of Inquiry report, and this cannot be disclosed publicly.
He says according to the recommendation of the report, it is up to the investigating arms of the government to carry out the investigation.
Rabuka says if the details were not redacted, it could compromise the investigations and jeopardise the positions of those names.
Major General Kalouniwai did not say anything when he walked into the building and when he left after the meeting.
The meeting lasted for about 1 hour.
Prior to this, Police Commissioner, Rusiate Tudravu was seen leaving the Government Buildings after a meeting.
Stay with us for developments.
@fijivillage.com I have been communicating directly with the Commander on his concerns – PM Story Link: https://www.fijivillage.com/news/I-have-been-communicating-directly-with-the-Commander-on-his-concerns--PM-5xrf48/
♬ original sound - fijivillage
Siromi Turaga has been appointed as Acting Attorney General for now but the Prime Minister will still wait for the outcome of the Commission of Inquiry report.
Prime Minister, Sitiveni Rabuka has made this clear today after he was asked why Turaga has been brought back as AG after he was removed from the position last year.
@fijivillage.com Acting AG will stay but PM will still wait for the outcome of the Commission of Inquiry report Story Link: https://www.fijivillage.com/news/Acting-AG-will-stay-but-PM-will-still-wait-for-the-outcome-of-the-Commission-of-Inquiry-report-58frx4/
♬ original sound - fijivillage
Commission of Inquiry Chair and Supreme Court Judge Justice David Ashton-Lewis has revealed to Prime Minister Sitiveni Rabuka the ‘crocodiles in the pond’ at Rabuka’s asking.
While speaking on an Australian community based radio station, 4crb, Justice Ashton-Lewis says there are always going to be aggrieved people who think they can do it better and one of these people that he identified was someone who is all smile at his face and will stab him in the back if they get the chance.
He says one of them is a ‘wannabe’ Prime Minister.
He says that undoing the mess of the past 16 years — including eight years under a military government, which was illegal from the day it seized power to the day it allowed parliamentary elections — is not easy.
He says that many of the same people who entered Parliament were just as corrupt and disgraceful as those in the military.
Justice Ashton-Lewis says it is impossible to fix all of that in just two years. He observed that around 85 to 90 percent of people are committed to restoring parliamentary government, ensuring the separation of powers, and upholding the independence of the judiciary, Parliament, and the executive — which includes the President, as nothing becomes law until he signs it.
He says he has good hope for the country as long as Rabuka is leading it, and his enemies just claim the worst things about him, but the people who know him just dismiss this as people trying to destroy him.
The Supreme Court Judge says he believes no one can destroy Rabuka and the only person who can destroy him is himself but he is a total committer to the rule of law, the separation of powers, and parliamentary government.
He further says FICAC was set up under the previous regime, which was in power for eight years as a military government, and then eight years as a terrible parliamentary government because it was the same people, they just did not wear uniforms, they wore suits.
Justice Ashton-Lewis says they had really weaponised this body to deal with their enemies.
When asked if he is going to return, he says as a Supreme Court Judge, he is at Fiji’s call but with regards to the COI, he believes there is going to be a lot more inquiry work and he has had it quietly indicated to him that he will be asked to come back and do some of those.
We have approached the Prime Minister for comments.
Meanwhile some people are raising serious questions on Commissioner Ashton-Lewis coming out and making the comments and allegations based on allegations made against people in the Commission of Inquiry.
The question whether it is ethical is also being raised.
The Commission of Inquiry report into the appointment of Barbara Malimali as FICAC Commissioner, which cost taxpayers $2 million, is now in jeopardy, as the Commissioner of the Inquiry and Supreme Court Judge, David Ashton-Lewis has gone public with the contents of the report.
Section 4 (1) of the Commissions of Inquiry Act states the every Commissioner appointed under the Act shall take an oath or make an affirmation that he will faithfully and impartially and to the best of his ability discharge the duties devolving upon him by virtue of the Commission, and, if the inquiry should not be held in public, that except to the President he will not divulge the proceedings or the vote or opinion of any Commissioner.
People are already raising serious questions on Commissioner Ashton-Lewis coming out and making the comments and allegations based on allegations made against people in the Commission of Inquiry.
Ashton-Lewis said he has revealed to Prime Minister Sitiveni Rabuka the ‘crocodiles in the pond’ at Rabuka’s asking.
While speaking on an Australian community based radio station, 4crb, Justice Ashton-Lewis says there are always going to be aggrieved people who think they can do it better and one of these people that he identified was someone who is all smile at his face and will stab him in the back if they get the chance.
He says one of them is a ‘wannabe’ Prime Minister.
He observed that around 85 percent of people are committed to restoring parliamentary government, ensuring the separation of powers, and upholding the independence of the judiciary, Parliament, and the executive — which includes the President, as nothing becomes law until he signs it.
He says he has good hope for the country as long as Rabuka is leading it, and his enemies just claim the worst things about him, but the people who know him just dismiss this as people trying to destroy him.
The Supreme Court Judge says he believes no one can destroy Rabuka and the only person who can destroy him is himself but he is a total committer to the rule of law, the separation of powers, and parliamentary government.
He further says FICAC was set up under the previous regime, which was in power for eight years as a military government, and then eight years as a terrible parliamentary government because it was the same people, they just did not wear uniforms, they wore suits.
Justice Ashton-Lewis says they had really weaponised FICAC to deal with their enemies.
When asked if he is going to return, he says as a Supreme Court Judge, he is at Fiji’s call but with regards to the COI, he believes there is going to be a lot more inquiry work and he has had it quietly indicated to him that he will be asked to come back and do some of those.
We have approached the Prime Minister for comments. He is yet to respond.
The comments from Commission of Inquiry Commissioner and Supreme Court Judge Justice David Ashton-Lewis regarding the ‘wannabe Prime Minister’ certainly sounds like me but he needs to clarify who he is referring to.
Deputy Prime Minister and Minister for Trade, Manoa Kamikamica stressed this after the COI Chair said that he revealed to Prime Minister Sitiveni Rabuka the ‘crocodiles in the pond’ at Rabuka’s asking.
While speaking to an Australian community based radio station, 4crb, Justice Ashton-Lewis says there are always going to be aggrieved people who think they can do it better and one of these people that he identified was someone who is all smile at his face and will stab him in the back if they get the chance.
He says one of them is a ‘wannabe’ Prime Minister.
Kamikamica says rumours have been circulating that he is the ‘wannabe Prime Minister’ because he smiles a lot.
The Deputy Prime Minister says the Commissioner has abused the law because everyone was told that they can't talk about the report.
He says the rules were set for the COI that no one was to say anything until the President decides what to do with the report.
Kamikamica says he has refused to answer any questions on the COI because they were under direct instruction and he will reserve his comments when the report comes out. The Deputy Prime Minister further says he has publicly come out and posted on facebook that he is very supportive of the release of the report.
When asked if he ever intended to be the Prime Minister, Kamikamica says he never joined politics to become Prime Minister and he just wanted to get rid of the last government after 16 years of mismanagement and wrong rule.
The Deputy Prime Minister adds that he never asked the Prime Minister to be Deputy Prime Minister.
Kamikamica says he finds the "wannabe PM" comment as pathetic and ignorant.
He adds it is also very insulting to him and his family.
Kamikamica says he and his wife sacrificed heaps to fight the last regime.
He stresses that he never asked the Prime Minister about being Prime Minister and never will.
The Deputy Prime Minister says anybody that knows Manoa Kamikamica knows that he works hard and allows what he does in his career to determine progression.
He says he is what they call a high performer, and he always believes if you work hard, you will find success, or more appropriately success will find you.
Kamikamica stresses that his focus is to rebuild Fiji, they have no time to waste, they have one Leader, the Prime Minister whom he supports 100 percent.
Fiji Law Society President, Wylie Clarke states that as the 2013 Constitution makes clear, the Fiji Law Society is not a member of the Judicial Services Commission and it was not consulted in the appointment of the FICAC Commissioner.
Following a statement released by Opposition MP, Premila Kumar attacking Clarke, it has been made clear that the Fiji Law Society has already issued a statement regarding President, Ratu Naiqama Lalabalavu and Prime Minister, Sitiveni Rabuka not having the legal power to suspend the Commissioner and Deputy Commissioner of FICAC.
Clarke stresses that the Judicial Services Commission is the body responsible for the appointment and dismissal of the Commissioner and Deputy Commissioner of FICAC.
He also says as they remain bound by a Commission of Inquiry order of confidentiality, they are not at liberty to comment on any evidence that may have been given in the COI.
Clarke says any questions pertaining to judicial and court administrative matters are best directed to the Chief Justice.
Meanwhile Premila Kumar says Clarke should publicly clarify his role in the controversial appointment and subsequent termination of former FICAC Commissioner, Barbara Malimali.
Kumar then highlighted some issues from a leaked audio recording, saying the President of the Fiji Law Society has a duty to speak out and correct any legal misdirection.
Kumar adds that the millions of dollars spent on the Commission of Inquiry could have been avoided had oversight institutions acted impartially and with integrity from the outset.
Kumar also says the questions she raised are based on information already in the public domain.
She has reiterated her call for the full release of the COI report, which the Prime Minister previously promised but has continued to delay.
As questions arise on the veracity of the evidence being talked about in the Commission of Inquiry report into the appointment of Barbara Malimali for FICAC Commissioner, the Commissioner of Inquiry and Supreme Court Judge, David Ashton-Lewis confirms that while in a normal court situation, you cannot accept hearsay, he could accept hearsay on hearsay in the proceeding.
While speaking on the Australian community radio interview called The Judge, Ashton-Lewis confirms he regulated the proceedings of the COI, so he did not have to follow any Supreme Court rules.
He says there's no appeal from a decision and the only thing that a Commissioner of Inquiry must observe are the principles of natural justice, that is, any person who is called to appear, or any person who is under investigation, has a right to be heard, usually by counsel, they can appoint counsel, has a right to cross-examine any evidence that is damaging to the person.
Ashton-Lewis says when he came to Fiji, there were five witnesses to be heard, and they went from five to 35 witnesses.
He confirms the Commission of Inquiry is not a trial, it's an investigation, and any evidence of a Commission of Inquiry cannot be used in a later case but it's up to the Director of Public Prosecutions to get the police to re-investigate those matters, and if satisfied, the DPP will lay indictments, and then there will be a trial.
Ashton-Lewis says he found there were nine people who had done things such as lied under oath.
He says five people from the government have had terrible accusations made against them, and complaints made to FICAC against them.
Section 4 (1) of the Commissions of Inquiry Act states that every Commissioner appointed under the Act shall take an oath or make an affirmation that he will faithfully and impartially and to the best of his ability discharge the duties devolving upon him by virtue of the Commission, and, if the inquiry should not be held in public, that except to the President he will not divulge the proceedings or the vote or opinion of any Commissioner.
People are already raising serious questions on Commissioner Ashton-Lewis coming out and making the comments and allegations based on allegations made against people in the Commission of Inquiry.
The Fiji Law Society is today calling on Justice David Ashton-Lewis to resign from the Supreme Court of Fiji or face disciplinary action.
President of the Fiji Society, Wylie Clarke says the interview Justice Ashton-Lewis, the former Commissioner of Inquiry, gave to a Queensland radio station, in which he discussed a number of confidential COI matters, has now compromised both the COI and his judicial office.
Clarke says considerable time and money believed to run into the millions of dollars has been spent on the COI.
He says the post-COI process has descended into chaos.
Clarke adds those persons (according to the Commissioner himself, nine) criticised in the COI Report have had no access to the COI Report and its findings, so they cannot defend themselves from what it says.
He says Justice Ashton-Lewis is openly suggesting that the withholding of the COI Report by the Government, including against persons affected by it, is on his own advice.
The Law Society President says that advice is contrary to section 16 of the 2013 Constitution of Fiji which guarantees executive and administrative justice, the right to procedural fairness, to everyone.
He says elements of the COI Report, including videos of COI witness evidence and affidavits, are now appearing selectively on social media as a result of leaks to individuals who are critics of key officials.
Clarke says we are now beyond the point where there is any sense in keeping the COI Report from the public.
He stresses it should be released so everyone has the same information and those criticised in it know what they are accused of and can respond.
Clarke says the Fiji Law Society has, in the past, been prepared to challenge and take to court questions of the suitability and qualifications of judicial officers.
He says if necessary, it will do so again.
Clarke says 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.
He says in this case, the COI, in the middle of its process, undertook an unprecedented and undignified attack on Malimali, the subject of the inquiry, in order to have her suspended from office insisting, clearly incorrectly, that it could not continue its work without her suspension.
Clarke says 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.
He adds having demanded that all those appearing before him maintain absolute confidentiality, Justice Ashton-Lewis appears to have no problem disregarding his own rules.
Clarke says Justice Ashton-Lewis has mischaracterised the facts in broad and prejudicial statements, claiming, for example, that Malimali had been “universally seen as corrupt” at the time of her appointment.
He says there is no evidence for such a strong statement.
Clarke says 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.
Clarke says Justice Ashton-Lewis suggests that 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).
He adds Justice Ashton-Lewis appears to express his direct political support for the Prime Minister, including defending him from attack from a “wannabe Prime Minister” and declaring that the Prime Minister is committed to the rule of his law, in contrast to his “enemies.”
The Fiji Law Society President says Justice Ashton-Lewis seems to demonstrate a lack of knowledge of essential facts, including Fiji’s current membership of the Commonwealth.
Clarke says Justice Ashton-Lewis suggests that he has been “quietly” told that he will receive more inquiry work.
He says none of these statements or actions is appropriate for a Judge of the Supreme Court of Fiji.
Clarke stresses that judges at every level of Fiji’s court system are expected to be politically independent, and they are expected to exercise careful discretion to comment on the matters in which they are involved either in the most neutral and sensitive terms, or (in most cases) not at all.
He says Justice Ashton-Lewis’s intemperate comments, including his many references to his engagement with the Prime Minister, suggest he does not understand his role either as a Supreme Court judge or a Commissioner.
Clarke says independence from the Government and from political actors is a fundamental requirement for any judge.
He stresses that in view of his comments, no one appearing before a Supreme Court bench on which Justice Ashton-Lewis sits can be confident that the Supreme Court will look fairly and independently at any legal issue without a political element.
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