Just a day after the Tuiqereqere judgment quashing the Commission of Inquiry into the Malimali affair because of the alleged bias of Justice David Ashton-Lewis comes hard evidence of Dane Tuiqereqere‘s gross mishandling of the case.
It was evidence that Justice Ashton-Lewis provided in affidavit form under oath when he was asked by Tuiqereqere why Barbara Malimali had not been present at every interview the Judge conducted with other witnesses.
Justice Tuiqereqere has found that Malimali was treated unfairly and this aspect also forms a major part of the media coverage of the Tuiqereqere ruling – such as in the following account in the Fiji Times – which is highly critical of Justice Ashton-Lewis and extremely damaging to his reputation.
Yet as we’ll see, the head of the CoI gave a thorough explanation to Justice Tuiqereqere that he had not only been careful to be fair to Barbara Malimali – at one point when she came to him in tears – but had followed normal procedure in commissions of inquiry as opposed to criminal trials. (see below and our previous story)
Justice Tuiqereqere claims in his judgment that Barbara Malimali wasn’t given any opportunity to answer the allegations against her. According to Justice Ashton-Lewis, this is simply false.
Yet here’s what Justice David-Ashton Lewis swore on oath in an affidavit lodged with the court which gives the lie to Justice Tuiqereqere’s claims.
Remember, this is a judge in a lower court – the High Court – being told by a judge in Fiji’s highest court – the Supreme Court – precisely how and why he had handled the treatment of Barbara Malimali. In itself, it is extraordinary that Ashton-Lewis was so easily dismissed.
It obviously wasn’t persuasive enough for Tuiqereqere to refrain from slandering a superior judge with a public accusation of bias that appears, on the evidence presented here, to be totally unjustified.
If the case is appealed to the Court of Appeal – and that decision rests with the Prime Minister, Sitiveni Rabuka, who Tuiqereqere also eviscerated – we can be sure that Tuiqereqere’s conduct towards the Supreme Court judge will form a significant part of the proceedings.
So who are we to believe? A judge plucked from obscurity from a small accident compensation firm in Auckland and elevated to the bench by Salesi Temo less than three years ago and who owes his entire judicial career in Fiji to the Chief Justice? Or a more senior and more experienced judge from Fiji’s highest court in the form of Justice Ashton-Lewis who says he scrupulously adhered to international best practice for Commissions of Inquiry?
That’s a question that if justice is to be truly served, must be examined by the Court of Appeal. And it simply cannot be left to fester.
Examine TUIQEREQERE’s bank account.
Probably paid in cash and favours, so nothing to see there!
Lewis got slaughtered. Well done justice Dane.
Yes, whatever it takes in the corrupt Temo’s little pantomime they call the justice system in the new Fiji.