Leung’s Balancing Act: Navigating FICAC Independence

Attorney-General Graham Leung has expressed his inability to investigate the operations of the Fiji Independent Commission Against Corruption (FICAC), citing concerns that such actions could lead to him facing an investigation as well.

When questioned about his knowledge of the investigation involving Barbara Malimali, Mr. Leung stated that while the Constitution grants him some authority, FICAC operates as an independent body. He voiced his concern as a citizen regarding the potential for individuals to be harmed by rumors and accusations that could negatively impact their reputations.

“I must be cautious because if I delve too deeply, I risk being accused of interference, which could result in my own investigation by FICAC,” he remarked. He illustrated the complexity of the situation, noting that such inquiries could lead to a complaint being lodged against him.

In response to inquiries about Malimali’s position as head of FICAC amid an active investigation, Mr. Leung described her as intelligent and noted that any interference on her part would render her position unacceptable. He emphasized that he cannot direct or sway her actions, pointing out that she is a respected lawyer with access to legal counsel.

“I am confident that she will act appropriately and maintain distance from the issue at hand to ensure it is addressed with integrity,” he added.

The Constitution’s Section 115 (6) clarifies that the Commission is independent in its functions and cannot be directed by anyone except through legal channels. Additionally, Section 115 (9) mandates that FICAC keep the Attorney-General informed about its operations and responsibilities.

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