Attorney-General Graham Leung has stated that the Acting Deputy Commissioner of FICAC, Francis Pulewai, appears to have authorized the arrest and taken action against the newly appointed Commissioner, Barbara Malimali. In a press briefing today, Leung confirmed that Malimali was physically taken into custody.
Leung emphasized the importance of the rule of law, asserting that all public officials must adhere to the law and exercise their powers appropriately. He pointed out that while FICAC operates independently of the Attorney-General’s office, it is still required to regularly inform and advise the Attorney-General about its activities.
Under Section 115(9) of the Constitution, Leung is designated as the Minister Responsible for FICAC. He maintained that he has the right to comment on the situation, given his significant role in upholding the rule of law in Fiji.
Providing context, the Attorney-General noted that Malimali’s appointment was made by the President upon the recommendation of the Judicial Services Commission, conforming to legal requirements. He stressed that the constitutional due process was followed, and urged Acting Deputy Commissioner Pulewai to respect this appointment.
Leung expressed concern regarding FICAC’s actions this morning, led by Pulewai, which involved arresting Malimali on her first day in office. He found these actions to be highly questionable, describing them as extreme given FICAC’s broad powers, which can restrict individuals’ liberties and damage their reputations.
Leung insisted that FICAC’s powers should be exercised with caution and deliberation, not in a reactive manner or in circumstances that could raise doubts about FICAC’s motives. He affirmed that Malimali is currently the Commissioner of FICAC and should be granted the presumption of innocence. He noted that she might be compelled to make choices that are in her own interest due to the ongoing situation.
The Attorney-General expressed concern that if Pulewai’s actions led FICAC to make decisions for inappropriate reasons, Malimali would have no option but to navigate that complexity. He suggested that issues of potential conflict of interest involving Pulewai might need to be resolved in court later.
Leung described the current saga as an unfortunate outcome of past laws created for dubious reasons, which have been implemented in questionable ways at times. He urged the government to address these urgent matters moving forward and indicated he is contemplating the best course of action.
In closing, Leung reminded all public officials of their obligation to act lawfully, uphold the rule of law, and refrain from using their legal powers for personal or political gain.