Attorney-General Graham Leung has defended the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC), asserting that it followed the appropriate process. During a media briefing at his office, Leung emphasized that Malimali was appointed based on merit after being shortlisted from a pool of five candidates.
Malimali currently faces an active investigation by the country’s corruption watchdog. “The head of FICAC has been vacant for several months,” Leung remarked. He noted that, under the Constitution, the head of FICAC is appointed by the Judicial Services Commission, which then makes recommendations to the President.
“This morning was truly extraordinary, as His Excellency, the President, under his authority and following constitutional procedures, appointed Barbara Malimali as Commissioner of FICAC,” Leung added. As per the 2013 Constitution, Leung serves as the unelected minister responsible for FICAC.
However, on Malimali’s first day on the job, she was reportedly detained for questioning regarding allegations of abuse of office. Initially, the media was informed that Acting Deputy FICAC Commissioner Francis Pulewai would hold a press conference at 11 am, but that did not occur. Leung indicated that Pulewai, who resigned that day, appeared to have approved the arrest and carried out the detention.
“On the surface, this action seems extreme. FICAC possesses broad powers that can restrict citizens’ liberty and significantly affect an individual’s reputation and standing,” Leung commented. He stressed the importance of exercising FICAC’s powers with caution and care.
“It caught me by surprise, as I’m sure it did for others, given the unprecedented nature of the situation,” he stated. “The new head reports for work on a Thursday morning, only to find her own staff seeking to arrest her—this is a deeply worrying situation. The legality of that arrest is highly questionable.”
In response, Pulewai defended her actions, stating that she was following due process and due diligence to uphold the rule of law in light of a complaint concerning corruption.