Commission of Inquiry Commissioner Justice David Ashton-Lewis has today raised concerns about the lack of action on the part of the State to implement the 17 recommendations made by him.

The COI report was handed to the President on May 1st and the Prime Minister soon afterwards.

Justice Ashton-Lewis says he is especially concerned that two of the most important recommendations have been ignored.

The COI recommended that the Prime Minister consider advising the President under section 111 (3) of the Constitution to remove the Chief Justice, Salesi Temo, who Justice Ashton-Lewis found was liable for charges of perjury, obstructing and perverting the course of justice, and abuse of office.

He adds that the COI was specifically told by President Ratu Naiqama Lalabalavu verbally that this will happen.

Yet to date, Justice Ashton-Lewis says Justice Temo remains the Chief Justice.

He states that he is gravely concerned at reports that Ratu Naiqama and Justice Temo are old friends and are related by marriage and that Prime Minister Rabuka believes that he cannot force the President’s hand because Ratu Naiqama is his high chief.

Justice Ashton-Lewis says it is a mandatory requirement under section 82 of the Constitution that the President acts on the advice of the Prime Minister as Head of the Cabinet.

He stresses that Ratu Naiqama’s obligations are laid out clearly in the supreme law and to defy them would be a serious offence warranting his own removal.

Justice Ashton-Lewis is urging both the President and Prime Minister to uphold their constitutional duty, which goes to the heart of the integrity of the State and on which the confidence of the Fijian people, indeed the whole world, depends.

Justice Ashton-Lewis says more than 14 weeks have passed and only two of recommendations have been actioned.

These are the removal of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption, and the removal of her Deputy, Lisiate Fotofili.

In addition, the Prime Minister has dismissed the then Attorney-General, Graham Leung.

However, Justice Ashton-Lewis says that to his dismay, Fotofili has since been given a position in the Office of the Director of Public Prosecutions.

The COI sat to look into the circumstances of Barbara Malimali’s appointment as FICAC Commissioner, and matters arising from that appointment.

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