Attorney-General Graham Leung has stated that Francis Pulewai, the Acting Deputy Commissioner of FICAC, appears to have authorized the arrest of the newly appointed Commissioner, Barbara Malimali. In a media briefing, Leung confirmed that Malimali was physically detained.
He emphasized that all public officials are required to adhere to the law and utilize their powers appropriately. Although FICAC operates independently from the Attorney-General’s Office, Leung noted that it is legally mandated to keep the Office informed of its activities periodically.
Leung highlighted that under Section 115(9) of the Constitution, he holds the position of Minister Responsible for FICAC. He believes that due to the significance of the Attorney-General’s role in upholding the rule of law in Fiji, he is entitled to share his views on the recent events.
In relation to the background of the situation, Leung stated that Malimali was appointed by the President on the recommendation of the Judicial Services Commission, as required by law. He insisted that due process has been observed and that Pulewai should honor Malimali’s appointment.
Leung remarked that the actions taken by FICAC this morning, spearheaded by Pulewai, to arrest the Commissioner on her first day in office raise serious concerns. He described these actions as extreme, cautioning that FICAC’s broad powers must be exercised judiciously and not in a manner that raises questions about their motives.
He asserted that Malimali remains the Commissioner and is entitled to the presumption of innocence, even as she faces a complicated situation that may compel her to make self-serving decisions. Leung mentioned that any implications of conflict of interest, including those related to Pulewai, might need resolution through the courts in the future.
He expressed that this troubling situation is part of a larger issue stemming from outdated laws that were implemented for questionable reasons, and he believes these issues must be urgently addressed by the government. Leung concluded by reminding all public officials of their obligation to act lawfully and to avoid using their legal powers for personal or political gains.