FICAC’s New Commissioner: A Controversial First Day

Attorney-General Graham Leung has defended the appointment of Barbara Malimali as the new Commissioner of the Fiji Independent Commission Against Corruption (FICAC), stating that the selection process was properly followed. Speaking to the media at his office, Leung emphasized that Malimali was chosen based on merit after being shortlisted among four candidates.

Malimali’s appointment comes amid an ongoing investigation involving FICAC. Leung noted that the head position had been vacant for several months. According to him, the Constitution dictates that the FICAC Commissioner is appointed by the Judicial Services Commission, which then makes recommendations to the President. He confirmed that Malimali’s appointment was made following these constitutional procedures.

On her first day at work, however, Malimali was reportedly detained for questioning concerning an allegation of abuse of office. Initially, it was said that Acting Deputy FICAC Commissioner Francis Pulewai would hold a press conference, but that did not occur. Leung stated that Pulewai seemed to have authorized the detention of Malimali, raising concerns about the use of FICAC’s broad powers, which can impact individual liberties and reputations significantly.

Leung expressed surprise at the circumstances surrounding the incident, noting its unprecedented nature, especially with Malimali starting her role only to be confronted by her own staff regarding an arrest. He indicated that the legality of her detention is questionable.

In response, Pulewai defended her actions, asserting that she was adhering to due process to ensure that the rule of law was maintained when a corruption complaint was raised against Malimali.

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