COI Commissioner accepted hearsay on hearsay, DPP needs to re-investigate as nothing from COI can be used

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.