Attorney-General Leung Navigates FICAC’s Independence Tensions

Attorney-General Graham Leung has expressed his inability to investigate the operations of the Fiji Independent Commission Against Corruption (FICAC), warning that such actions could lead to his own investigation. When questioned about the specifics of the investigation involving Barbara Malimali, Leung emphasized that while the Constitution allows him some discretion, FICAC operates as an independent entity.

Leung voiced his concerns as a citizen about the dangers of trial by innuendo and rumors, noting how easily individuals could be maligned. “I’ve had to be cautious because probing too deeply could result in accusations of interference, putting me at risk of becoming the subject of a FICAC investigation myself,” he explained.

Regarding Malimali’s position as head of FICAC while under investigation, Leung stated that she is an intelligent individual. He noted that any interference in her case would render her position untenable. “Legally, I cannot direct or influence her actions. She is a competent lawyer with access to legal guidance,” he added.

He expressed confidence that Malimali would act appropriately and maintain distance from the complaints against her to ensure they are handled with integrity. The Constitution’s Section 115 highlights the independence of the Commission, affirming it should not be directed by any person except through judicial means or written law. Furthermore, Section 115 requires the Commission to provide updates and advice to the Attorney-General on related matters.

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