Fiji Law Society Calls For Supreme Court Judge to Resign or Face Disciplinary Action

The Fiji Law Society (FLS) has called for Justice David Ashton-Lewis to resign from the Supreme Court of Fiji or face disciplinary proceedings, following a controversial radio interview in which he disclosed sensitive matters related to the Commission of Inquiry (COI) into the appointment of former FICAC Commissioner Barbara Malimali.

Justice Ashton-Lewis, who led the COI and submitted its final report to the President on May 2, gave an interview on Queensland’s Radio 4CRB on May 29. During the broadcast, he made a number of statements that, according to the FLS, have compromised the COI and the independence of his judicial office.

In the interview, Justice Ashton-Lewis alleged that Ms. Malimali was "universally seen as corrupt" and "unqualified for the job," and that she was fast-tracked into the FICAC position to serve the interests of "senior members of the Government" facing serious accusations.

He also claimed to have identified nine individuals who committed perjury or obstructed justice during the inquiry.

The Law Society said these statements, among others made during the interview, raised serious concerns about judicial conduct. “Justice Ashton-Lewis, who is bound by section 4 of the Commissions of Inquiry Act 1946 to preserve confidentiality, appears to have disregarded his legal obligations,” said the FLS in a formal statement signed by its president, Wylie Clarke.

“He has demanded confidentiality from witnesses but disregarded his own rules. His remarks mischaracterise facts, express political bias, and show a lack of knowledge of essential matters, including Fiji’s current membership in the Commonwealth.”

The FLS further criticised Justice Ashton-Lewis for suggesting he continues to advise the Prime Minister on implementing the COI report and for describing a “wannabe Prime Minister” in disparaging terms while expressing support for Prime Minister Sitiveni Rabuka—who himself was a witness in the inquiry.

“None of these statements or actions is appropriate for a Judge of the Supreme Court of Fiji,” the Society stated, adding that such conduct undermines confidence in judicial impartiality and independence.

The Society said the COI process had become chaotic and costly, and it called for the public release of the COI report. “We are now beyond the point where there is any sense in keeping the COI Report from the public.”

“The Fiji Law Society calls on Justice Ashton-Lewis to either resign from the Supreme Court of Fiji or face disciplinary proceedings under section 112 of the Constitution of Fiji.”

The Society affirmed its commitment to upholding judicial independence and warned it was prepared to take legal action again if required.