President has signed for the Commission of Inquiry into FICAC and the Commissioner to be appointed - Rabuka

A senior Australian jurist and current Judge of the Supreme Court of Fiji, Justice David E. Ashton-Lewis has been appointed as the sole Commissioner to inquire into the recent appointment of the Commissioner of FICAC, Barbara Malimali.

Prime Minister, Sitiveni Rabuka says President, Ratu Wiliame Katonivere has signed off for the Commission of Inquiry, the Commissioner to be appointed and the counsel assisting the Commissioner.

The Commission of Inquiry will assess and determine whether the appointment process of Malimali was conducted with integrity, fairness, and transparency, in accordance with the law.

The inquiry will also examine whether there were any improper or unlawful influences in the process leading to the appointment of the FICAC Commissioner.

The Terms of Reference of the Commission will also consider whether the process and the appointment of Commissioner Malimali were unlawfully or improperly influenced by vested interests, including current FICAC cases or investigations involving high-profile individuals, such as Members of Parliament, Ministers, and senior public servants.

Justice Ashton-Lewis was previously appointed by the President in 2023 to chair the Constitutional Tribunal to inquire into allegations of misconduct against former Chief Justice Kamal Kumar. Chief Justice Kumar passed away before the Tribunal could commence hearings into the allegations.

The President has also appointed Janet Mason, a senior barrister, as Counsel assisting the Commission.

Mason holds both New Zealand and Fijian citizenship. She is admitted to both the Fiji and New Zealand Bars.

She has extensive experience in public, governance, and constitutional law, having served as Legal Counsel to the Great Council of Chiefs.

She has also played a significant role in the negotiation team for the Treaty of Waitangi Settlement.

They are expected to arrive in Fiji soon and will be sworn into office.

Arrangements are already underway to establish a secretariat that will facilitate the work of the Commission.

The Prime Minister had earlier stated that a Commission of Inquiry is the most appropriate and impartial means to address allegations surrounding the work of FICAC.

Rabuka was responding to questions from local media organisations regarding an interview given to overseas media by Francis Puleiwai, the former Acting Deputy Commissioner of FICAC.

He explained that an independent commission would be better positioned to address the issues raised by Puleiwai, particularly those involving alleged ministerial interference in FICAC investigations.