Attorney-General Graham Leung has stated that Francis Pulewai, the Acting Deputy Commissioner of the Fiji Independent Commission Against Corruption (FICAC), appears to have authorized the arrest and exercised powers against the newly appointed Commissioner, Barbara Malimali.
In a media briefing, Leung reported that Malimali was physically detained during these events. He emphasized that adherence to the law is essential for all public officials, who must respect the law and utilize their powers appropriately.
Leung pointed out that while FICAC operates independently from the Office of the Attorney-General, it is still legally required to keep the Attorney-General informed about its activities. He highlighted that according to Section 115(9) of the Constitution, he holds the title of Minister Responsible for FICAC.
Reflecting on this situation, Leung expressed that he is not restrained from sharing his opinions regarding these events, as ensuring the rule of law is a critical aspect of the Attorney-General’s role in Fiji.
Regarding the background of the case, Leung noted that Malimali was appointed by President, following the advice of the Judicial Services Commission, as mandated by law. He affirmed that due process has been respected, and that Acting Deputy Commissioner Pulewai should honor this appointment.
Leung criticized the actions taken by FICAC under Pulewai’s guidance, especially regarding the purported arrest of the Commissioner on her first day in office, describing these actions as highly questionable.
He pointed out that while FICAC wields extensive powers, those powers must be used judiciously and not impulsively, especially when there may be doubts regarding FICAC’s motivations.
The Attorney-General stressed that Malimali, as the Commissioner, possesses the responsibilities and authority of her position and deserves the presumption of innocence. He remarked that she may face the unfortunate situation of having to make decisions in her own interest due to the current dilemma.
Leung added that if Pulewai’s actions lead to any decisions made by FICAC being improperly motivated, Malimali may have limited options. Issues regarding conflicts of interest tied to Pulewai may eventually need to be resolved, potentially in the courts.
Describing the situation as unseemly, the Attorney-General pointed out that this saga reflects a legacy of outdated laws implemented for dubious reasons, suggesting that the government must urgently address these matters. He concluded by reminding all public officials that they are expected to act within the law and refrain from pursuing personal or political agendas while exercising their legal powers.