Former Attorney-General Graham Leung is at the center of a significant legal controversy regarding the appointment of FICAC Commissioner Barbara Malimali. In his defense, Leung asserted that all actions taken during the appointment process were lawful and within the limits set out by the Fiji Independent Commission Against Corruption Act of 2007. He emphasized that the Judicial Services Commission (JSC) had the final authority in the matter, clarifying that his role was strictly consultative.
Leung stated, “To be clear: the JSC, by law, was the final decision-making authority in this matter.” He explained that the JSC made its recommendation on August 28, 2024, and subsequently consulted him around September 2. According to Leung, the Act mandates a consultation but does not require him to give approval or endorsement to the recommendation. He firmly rejected any implications that his lack of objection to the JSC’s suggestion constituted an abuse of his office or an obstruction of justice.
He further defended his reputation, claiming, “There is not a shred of evidence” supporting allegations of wrongdoing. Leung’s remarks reflect a resolute stance on his commitment to maintaining the professional integrity that he has upheld throughout a four-decade legal career.
The situation has arisen amidst heightened scrutiny of governmental processes in Fiji, particularly following the recent release of a redacted version of the Commission of Inquiry (COI) report, which noted significant flaws in the inquiry’s proceedings. Leung criticized the nature of the inquiry, expressing concerns over fairness, and lamenting the reliance on social media speculation rather than substantial evidence.
This is not the first time Leung has defended his actions regarding Malimali’s appointment. Similar gatherings and statements have previously showcased his assertion of transparency and adherence to legal frameworks governing public appointments. The current controversy, while challenging, may serve as a catalyst for broader discussions around governance reform and ethical accountability in Fiji, potentially fostering a more trustworthy political environment.
The ongoing scrutiny emphasizes the need for strengthening the principles of transparency and ethical governance in Fiji’s political landscape. There remains a hope that this situation could promote meaningful reforms that enhance public trust and accountability in government operations.
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