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.
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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.
