Police investigate complaint against Justice Ashton-Lewis

There are indications that Justice David Ashton-Lewis, the Chair of the Commission of Inquiry into the appointment of Barbara Malimali as FICAC Commissioner, is now under investigation by Police.

When fijivillage News questioned Police about the investigation, Police Commissioner, Rusiate Tudravu confirmed receipt of a complaint against a senior official of the Commission of Inquiry on allegations of falsification of documents.

Tudravu said the CID is investigating the matter.

Last week, Prime Minister Sitiveni Rabuka said it is regrettable that Justice David Ashton-Lewis had chosen to make personal commentary on the Commission of Inquiry.

Rabuka said Justice Ashton-Lewis is well aware that the Commission’s mandate concluded once its report was submitted to the President, and that its role was inquisitorial, not prosecutorial.

The Prime Minister said that role has now been fulfilled.

Rabuka stresses the responsibility for acting on the Commission’s recommendations lies solely with the President, and the report has also been referred to the relevant law enforcement agencies for due process.

Justice Ashton-Lewis said in a statement earlier this month that he is gravely concerned about the lack of action on the part of the State to implement the 17 recommendations of the Commission of Inquiry he headed into the circumstances of Barbara Malimali’s appointment as FICAC Commissioner, and matters arising from that appointment. He said more than 14 weeks have passed and only two of those recommendations have been actioned.

Justice Ashton-Lewis said those are the removal of Barbara Malimali as Commissioner, and the removal of her Deputy, Lisiate Fotofili, who to his dismay, has since been given a position in the Office of the Director of Public Prosecutions, and the public release of the redacted version of the Report.

He said in addition, the Prime Minister dismissed the then Attorney General, Graham Leung.

He said they recommended that the Prime Minister consider advising the President under section 111 (3) of the Constitution to remove Chief Justice Salesi Temo.

Justice Ashton-Lewis said the COI was specifically told by the President verbally that this would happen.

He said his own confidence in Sitiveni Rabuka has been dented by his failure to act decisively, especially if he is putting his traditional obligations to his chief above his obligations to the people of Fiji by adhering to the rule of law.