The president of the Fiji Law Society (FLS), Wylie Clarke, has no right or jurisdiction to ask for the resignation of Supreme Court judge Justice David Ashton-Lewis.

That is the strong response from the judge’s lawyer, Hemen Nagin of Sherani & Co, following questions on the law society’s call for Justice Ashton-Lewis to resign or face disciplinary action.

Justice Ashton-Lewis made comments about the conclusions of the Commission of Inquiry to an Australian radio station, which has since become the subject of a formal complaint lodged by the law society to the Judicial Services Commission (JSC).

Counsel assisting the COI, Janet Mason, said the issue was not with the law society lodging the complaint, but with the manner in which it was raised.

“They are right to make a complaint to the JSC—everyone has the right to do so regarding a judicial officer. That’s not the issue. The issue is the way it was publicly made,” Ms Mason said.

“You are never to criticise a judge publicly like that in the media. It would be a misconduct finding for a lawyer to publicly say those things against a judge, especially a Supreme Court judge.”

Ms Mason added that Justice Ashton-Lewis term of appointment was over, so he was free to speak to the media.

“He isn’t restricted under the COI, separate from the question of whether it was appropriate for a judge to speak out,” she said.

The Fiji Sun understands that Mr Clarke may be conflicted, as he is a subject of the COI report.

Attempts to get comments via text messages and phone calls to Mr Clarke last night remained unanswered.

Five prominent lawyers, three senior members of the judiciary, and one Cabinet Minister are implicated in the COI report.

Prime Minister Sitiveni Rabuka has not responded to questions on the independence of the JSC in handling the complaint, given that members of the Commission are themselves subjects of the report.

Feedback: ivamere.nataro@fijisun.com.fj