No one's been found guilty, I accepted no hearsay on hearsay - Justice Ashton-Lewis

The Commissioner of Inquiry into the appointment of Barbara Malimali as FICAC Commissioner, Justice David Ashton-Lewis says it is sad when people who are not trained in law write comments such as, they have been found guilty by Justice Ashton-Lewis.

While speaking on The Judge radio program in Australia, Justice Ashton-Lewis says no one's been found guilty.

He says the report stated on the evidence before him, on the balance of probabilities, and believes that certain named people lied under oath.

Justice Ashton-Lewis says no court has found it but he believes they have lied under oath, committed obstruction of justice, and they have perverted the course of justice.

He goes on to say that it is up to the police who now are investigating to make a determination whether people should be charged, and their files then go to the Director of Public Prosecutions.

The Commissioner says he wanted to correct things, where in his earlier interview he said 72 recommendations.

He said it was 72 areas that he investigated into that led to about 9 or 10 recommendations which are contained in the Commission of Inquiry Report, which he is advised during the week, has been leaked to the public.

Justice Ashton-Lewis says in one way, he is happy, because the public have always had a right to know this, and both the President and the Prime Minister have taken their time for reasons that he understands, but it's now over six weeks,

He says people are starting to make up conspiracy theories and it was that the Prime Minister wanted to make sure that certain areas were dealt with, for instance, that the report be handed to the police.

Justice Ashton-Lewis says anyone listening in Fiji will know that the police now have had meetings with the Prime Minister, and they are starting to investigate matters that he has raised.

He adds it's always sad when the commentariat who make comments on matters that they are not educated in and they do not know.

The judge says that he found things he was allowed to accept hearsay under the Commission of Inquiries Act, which in a court of law you can't do unless it comes within certain strictly defined exceptions.

He said that he can accept hearsay, and can also, if he wanted to accept hearsay on hearsay.

Justice Ashton-Lewis now says he accepted no hearsay on hearsay.

He says he did accept hearsay evidence, and he made a finding in that.

He encourage anyone to read the report rather than what someone tells them or what they think, and if they are not trained in law, then they will need to speak to suitably qualified lawyers to have things clarified.

Justice Ashton-Lewis says governments are bound with an obligation, and the Prime Minister and the President are aware of that obligation and have agreed that the matter should be released to the public, but it's up to them to mark the time.

He says this report has been leaked everywhere, from what he can see, but someone has leaked it now to the press and the public, and they can read it now online.

He says it's sad but it's probably sped up the process that the public have a right to know.

Justice Ashton-Lewis says he is sad because the people who appeared in the Commission of Inquiry were entitled to a full copy of the report on the day that it was handed in to both the President and the Prime Minister.

He says now that hasn't happened, and he is sad over that.

Prime Minister, Sitiveni Rabuka has not made any comments after the report leak earlier in the week.