Former Attorney-General Graham Leung revealed that he had advised the Acting Chief Justice to delay the appointment of Barbara Malimali as the new FICAC commissioner after a complaint against her emerged. However, he later retracted his concerns after five members of the Electoral Commission defended Malimali and termed the complaint as “vexatious” and without merit.

In a sworn affidavit, Leung recounted a conversation he had on September 3, 2024, with former acting FICAC deputy commissioner Francis Puleiwai, who confirmed a complaint had been lodged against Malimali. Following this discussion, Leung reached out to Acting Chief Justice Salesi Temo to recommend postponing Malimali’s appointment. Leung stated that Temo agreed to take the action.

However, Leung received a subsequent letter from the Electoral Commissioners affirming their support for Malimali, which prompted him to reassess his position. “Based on their endorsement, I could no longer persist with the reservation I had in relation to the appointment of Ms. Barbara Malimali,” he noted.

Leung emphasized the importance of respecting due process, highlighting that the initial complaint had been dismissed by credible figures within the electoral framework. This turn of events not only reinforces Malimali’s position but also signifies the Electoral Commission’s confidence in her integrity amidst ongoing scrutiny.

The situation surrounding Malimali’s appointment has raised questions about the use of FICAC’s powers and the implications for individuals in positions of authority. Cases like hers remind us of the delicate balance between accountability and the presumption of innocence. With strong support now behind her, there is hope that Malimali will navigate these challenges effectively and uphold the values of integrity and transparency associated with her new role.


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