Attorney-General Graham Leung has defended the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC), stating that the process followed was appropriate. Speaking to the media yesterday, Leung highlighted that Malimali was selected based on merit after being shortlisted among four other candidates.
He acknowledged that Malimali is currently the subject of an ongoing investigation by the corruption watchdog. “The position of the head of FICAC has been vacant for several months,” he stated. Leung explained that under the Constitution, the Judicial Services Commission is responsible for appointing the head of FICAC, who then is appointed by the President. He confirmed that the President officially appointed Malimali following the constitutional procedures.
Interestingly, on her first day in office, Malimali was detained for questioning concerning allegations of abuse of office. Initially, the media was informed that Acting Deputy FICAC Commissioner Francis Pulewai would hold a press conference, which did not take place. Leung commented that Pulewai, who resigned the same day, seemed to have authorized the arrest of Malimali.
Leung described the situation as “extreme,” noting that FICAC has broad powers that can significantly affect individuals’ liberties and reputations. He emphasized the need for FICAC’s powers to be exercised carefully, cautioning against reactive actions. Leung expressed his surprise at the circumstances, stating, “You understand that the new boss reports for work on a Thursday morning and her own staff, under their legislation, seeking to arrest her, that is a deeply concerning situation.” He raised questions about the legality of the arrest made by her own team.
In response, Pulewai insisted that she was following due process in detaining Malimali, claiming that due diligence was observed in maintaining the rule of law when handling corruption complaints.