Ashton-Lewis was paid AUD$2000 a day during the nine week hearing, which involved 35 witnesses. It took a total of six months to go through the material. It is estimated to have cost FJD$4million. Photo: RNZ Pacific / Fiji Government / FICAC
High-profile people implicated in a damning Commission of Inquiry (COI) in Fiji last year will not face any criminal charges from public prosecutors.
Twelve police investigations arising from the probe into the former head of Fiji's independent anti-corruption agency (FICAC) have been dismissed due to insufficient evidence.
The inquiry, headed by Justice David Ashton-Lewis, called into question the motives for hiring FICAC's former commissioner, Barbara Malimali.
FICAC has already charged one of the people adversely named in the inquiry - former deputy prime minister Manoa Kamikamica.
The former Minister for Trade and Communications resigned from Cabinet last October after being charged with one count of perjury. It is alleged that he gave false information to the COI.
Ashton-Lewis described Malimali as "universally corrupt" in a lengthy report following the inquiry , which was redacted and released by Prime Minister Sitiveni Rabuka weeks after leaked copies had emerged.
The Australian judge also found that six members of government and four lawyers lied under oath, obstructed justice and perverted the course of justice.
Malimali's lawyer Tanya Waqanika told Pacific Waves at the time that Ashton-Lewis' public remarks had destroyed her client's legal career.
Rabuka suspended Malimali last May but later rescinded the suspension, then President Ratu Naiqama Lalabalavu revoked her initial appointment.
The Office of the Director of Public Prosecutions (ODPP) said in a statement on Thursday that last year it received twelve files from the Fiji police force for review, following the inquiry.
One of the investigations centred on allegations of abuse of office by Malimali while she was chair of the country's electoral commission.
The ODPP cleared her earlier last year on the grounds there was insufficient evidence to support a prosecution.
"The remaining eleven files involved complaints stemming primarily from allegations against Ms Malimali arising out of the COI, which in turn led to several other complaints and cross-complaints involving a number of public officers and well-known senior legal practitioners," the statement said.
"Due to the sensitivity of the matters and the significant public interest generated by the COI, the files were assessed by multiple senior prosecutors who had no prior involvement or connection with any of the parties named in the complaints."
The statement said the initial assessments by senior prosecutors were subsequently reviewed by a Sydney-based senior consultant, Ian Lloyd KC.
"Each matter was examined individually and collectively within the ambit of the law. The assessments were guided by relevant legislation, including but not limited to the FICAC Act, the Electoral Act, and the Crimes Act, as well as applicable Court of Appeal authorities and the supreme law of Fiji, the Constitution."
Nancy Tikoisuva acting director of public prosecutions in Fiji. Photo: Fiji Government
The ODPP took into account the evidence, prospects of conviction, public interest, statutory limitation periods, immunity provisions and the distinction between criminal and civil liability.
"Having carefully considered the initial assessments and being guided by the independent review and recommendations of Mr Ian Lloyd KC, the ODPP has concluded that there is insufficient evidence to sustain any criminal charges to the required criminal standard of proof in respect of the files assessed."
The acting director of public prosecutions, Nancy Tikoisuva said the office was an independent body.
"Our decisions are not dictated by, nor influenced by political individuals or political agendas, including social media posts and opinion," she said.
