Justice David Ashton-Lewis, the judge who presided over the FICAC Commission of Inquiry (COI), told Australian radio station 4CRB that he advised Fiji’s Prime Minister Sitiveni Rabuka to act first before releasing the report, as he did not want those implicated to file an injunction to stop its release.
He said acting first would “cut the ground from under them” and that the Prime Minister has been acting on his recommendations.
“Now I understand from his aides that that’s what he intends to do,” he said.
This is among several startling revelations made by the judge in a wide-ranging interview with the radio station, which is expected to reignite debate about the findings, fairness, and motives of the COI.
The COI report has not yet been publicly released, although the Prime Minister has promised to do so after certain redactions have been made. Two people have so far been dismissed as part of the COI’s recommendations — namely, FICAC Commissioner Barbara Malimali and Attorney-General Graham Leung.
Ashton-Lewis said the COI found that nine people lied under oath or committed perjury, and that nine people obstructed or perverted the course of justice in the appointment of Barbara Malimali.
He described one of those implicated as a “wannabe Prime Minister” — a remark many analysts believe refers to Deputy PM Manoa Kamikamica.
Kamikamica this morning called for the COI report to be released. Those suspected of being implicated say they are frustrated at their inability to defend themselves, as they have not seen the report or what they have been accused of.
Ashton-Lewis says he found alleged treacherous behaviour against the PM.
“One of these people that I identified is someone who — well, they all smile to his face and stab him in the back if they get the chance. And one of them is a wannabe Prime Minister — and he thinks he should be. Well, if Sitiveni Rabuka acts, he’s never going to be Prime Minister, because I found disgraceful things that he was doing, yet smiling at the Prime Minister, saying ‘I’m your greatest loyal man’? Well, he wasn’t. And in law, you’ve heard me say, none protest their innocence so loudly as the guilty. None protest their honorability so loudly as the dishonorable. Well, he fits into that category.”
He also referred to Malimali, although not by name — as “universally seen as corrupt” and someone who “would protect high-ranking people, and any complaints made against them would be closed or decided quickly — not based on full evidence — and they would be found to have nothing to answer to.”
“So the pressure on the Prime Minister over the last two years was: could you please investigate this commission and this woman? She is unsuitable for the job. She is unqualified by dint of her background, and no one trusts her — well, no one except those who wanted her appointed. Now, those who wanted her in are still senior members of the government who claim to be totally committed to the current regime. But five of them have had terrible accusations made against them — complaints lodged with FICAC — and it’s been noticed that this woman is seemingly delaying them, has closed some, and so there’s been a push to form a presidential commission to look into her appointment: was her appointment carried out with fairness, justice, in accordance with the rule of law and integrity?”
“Was there inordinate and improper influence by certain people — members of government or cabinet — to get her into the position, because they were aware she would protect them? So what happened was the Commission of Inquiry — it’s not like a trial. It has a Supreme Court judge sitting on it, but with wide powers of investigation. He can arrest, subpoena people to appear.
“If they don’t, he can deal them in contempt. But he is not bound by the strict rules of a Supreme Court. He has all the powers of a Supreme Court judge — and more. And one of the major powers that I had as the Commissioner, I could accept hearsay evidence. Now in a normal court situation, you cannot accept hearsay. I could accept hearsay on hearsay, and I regulated the proceedings so I didn’t have to follow any Supreme Court rules.
“There are no Commission of Inquiry rules under the Fiji Commission of Inquiry Act, because it is always left to the commissioner, the judge, to set the rules of procedure. There’s no appeal from a decision. The only thing that a Commissioner of Inquiry must observe is the principles of natural justice. That is, any person who is called to appear, or any person who is under investigation, has a right to be heard — usually by counsel. They can appoint counsel and have a right to cross-examine any evidence that is damaging to them. And so those principles of natural justice — that means procedural fairness — that you’ve been procedurally fair.”
Ashton-Lewis said he made 72 recommendations in the COI report and that he was assisted by a “pocket rocket” King’s Counsel — apparently referencing Janet Mason. There is no evidence of Mason being a King’s Counsel.
“What a commissioner does in a Commission of Inquiry is hear all the evidence and make recommendations — because it’s not a trial; it’s an investigation. Any evidence from a Commission of Inquiry cannot be used later — if you bring out, which I have brought out, criminal acts — but it’s up to the Director of Public Prosecutions to get the police to reinvestigate those matters, and if satisfied, the Director of Public Prosecutions will lay indictments and then there’ll be a trial.”
Ashton-Lewis said it became apparent during the investigation that “this particular woman was shunted very quickly through the processes to get in. Now the question arises — why was she so important? Well, the rest of the evidence shows she was so important because she would do evil people’s designs.”
He added: “Now the Prime Minister is considering it. I have received word that he’s going to act on all my recommendations in relation to nine people. There’s massive pressure now from the opposition and others for the report to be made public. At the moment, only four people have seen it — though I’ve been told it’s been leaked, and I’m sure it has. I think I know where from. People who are interested are trying to stop it, but they’re not going to be successful.”
Ashton-Lewis said he has achieved what the Prime Minister asked of him — to identify the “crocodiles in the pond.”
“So I’ve done it. To put it in the colloquial way — the Prime Minister said to me, ‘David, would you please reveal the crocodiles in the pond?’ And I did.”
