Attorney-General Graham Leung has stated that the Acting Deputy Commissioner of FICAC, Francis Pulewai, appears to have authorized the arrest and exercised powers against the recently appointed Commissioner, Barbara Malimali. In a media briefing today, Leung confirmed that Malimali was physically detained.
Leung emphasized the importance of the rule of law, asserting that all public officials are required to respect and adhere to the law, using their powers appropriately. He mentioned that despite FICAC’s constitutional independence from the Office of the Attorney-General, it is legally obligated to periodically update the Attorney-General’s office about its activities.
As the Minister Responsible for FICAC, according to Section 115(9) of the Constitution, Leung expressed his right to comment on the situation, given the Attorney-General’s crucial role in upholding the law in Fiji.
In providing background, Leung explained that Malimali’s appointment followed the legal process, executed by His Excellency the President upon the recommendation of the Judicial Services Commission. He underscored that due process was respected and that Pulewai must acknowledge Malimali’s appointment.
Leung questioned the legitimacy of FICAC’s actions this morning, led by Pulewai, which involved the arrest of Malimali on her first day in office, labeling them as highly questionable. He noted that FICAC’s broad powers carry significant implications, as they can restrict individuals’ liberty and negatively affect their reputations.
He emphasized that FICAC’s powers should be exercised with caution and purpose, rather than in a reactive manner, particularly when their motives are subject to scrutiny. Leung affirmed that Malimali, now the Commissioner of FICAC, deserves the presumption of innocence. However, he acknowledged the challenging circumstance she faces in navigating the situation while needing to make decisions in her own interest.
If Pulewai’s actions have led FICAC to make decisions for improper reasons, Malimali would find herself in a difficult position. Leung indicated that issues of potential conflict of interest, particularly concerning Pulewai, may need to be resolved through the courts in the future.
He described this situation as an unfortunate legacy of laws created long ago for dubious reasons and sometimes executed in questionable ways. Leung called for the government to urgently address these matters and is currently considering the best approach moving forward. He reminded all public officials of their obligation to act lawfully and to respect the rule of law, stressing that they should not use their legal powers to pursue personal or political agendas.