Attorney-General’s Dilemma: Navigating FICAC’s Fine Line

Attorney-General Graham Leung has stated that he cannot investigate the operations of the Fiji Independent Commission Against Corruption (FICAC) due to the risk of becoming the subject of his own investigation. In a press conference, he acknowledged the independence of FICAC while expressing concern as a citizen about the damaging impact of rumors and innuendo, which can easily tarnish individuals’ reputations.

Leung remarked that probing too deeply could lead to allegations of interference, putting him in a position where he might be investigated by FICAC. He highlighted the complexities of the situation, indicating that it could quickly escalate to him being under investigation himself.

When asked about the ongoing investigation into Barbara Malimali, the head of FICAC, Leung characterized her as intelligent and indicated that her awareness of the scrutiny surrounding her would deter her from interfering with the investigation. He emphasized that he cannot direct or influence her actions as she possesses sufficient legal knowledge and resources to navigate the situation appropriately.

Leung expressed confidence that Malimali would act with integrity concerning the allegations against her, ensuring the investigation is handled fairly and transparently. According to Section 115 (6) of the Constitution, FICAC operates independently and is not subject to any external control, apart from directives from a court of law. Additionally, Section 115 (9) mandates that FICAC provide regular updates to the Attorney-General regarding its functions.

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