Nikhil Aiyush Kumar 
Suva High Court Judge, Justice Dane Tuiqereqere, has refused an application by the Commissioner of the Commission of Inquiry, Justice David Ashton-Lewis, to vacate an upcoming hearing, ruling that proceedings will continue as scheduled.
The application, filed on the 25th of last month, sought to adjourn the hearing set for April 10–12 and reschedule it to August 2026.
The request was supported by a medical report stating that Justice Ashton-Lewis was unable to travel to Fiji to give evidence until August due to his health.
Despite this, Justice Tuiqereqere dismissed the application, citing a lack of evidence to show that Justice Ashton-Lewis was unable to participate in other ways, such as by providing an affidavit.
The judge noted that while the medical report addressed travel restrictions, it did not demonstrate any cognitive impairment preventing the filing of written evidence.
He further referenced a 25-minute radio interview conducted by Justice Ashton-Lewis in Australia on March 12, observing that he appeared “cognitively capable” and able to discuss complex topics.
Justice Tuiqereqere expressed concern over further delays, stating that adequate time had already been provided for an affidavit to be filed.
The judge emphasized that Justice Ashton-Lewis’s primary relevance related to allegations of bias, and that other matters could be determined based on existing reports and transcripts.
Finding no sufficient grounds for an adjournment, the court ruled that the hearing will proceed next week.
Overseas King’s Counsel have already been arranged to attend on behalf of several applicants.
