Attorney-General Graham Leung has stated that Francis Pulewai, the Acting Deputy Commissioner of FICAC, appears to have authorized the arrest and taken action against the newly appointed Commissioner, Barbara Malimali.
In a media briefing today, Leung noted that Malimali was physically detained. He emphasized that all public officials must adhere to the law, act within its frameworks, and utilize their powers responsibly, as this is central to the rule of law.
Leung pointed out that while FICAC operates independently from the Office of the Attorney-General, it is still required by law to periodically inform and update the Attorney-General’s office regarding its activities. He affirmed that he is the Minister Responsible for FICAC under Section 115(9) of the Constitution.
In light of the ongoing situation, Leung believes that he is entitled to voice his opinions, especially given the Attorney-General’s crucial role in upholding the rule of law in Fiji.
Providing some background, Leung mentioned that Malimali was appointed by the President based on the advice of the Judicial Services Commission, in accordance with the law. He insisted that due process had been followed and that Pulewai should honor this appointment.
Leung expressed concerns regarding FICAC’s actions this morning, which involved the purported arrest of the Commissioner on her very first day in office. He called their actions extreme and remarked that FICAC’s extensive powers can significantly affect citizens’ freedoms and reputations, thus necessitating careful and thoughtful exercise of those powers.
He affirmed that Malimali is now the Commissioner of FICAC and retains all associated responsibilities and authority. Leung stated she is entitled to the presumption of innocence but might find herself needing to make decisions that serve her interests due to the current predicament.
Leung also noted that if Pulewai’s decisions were made for improper purposes, it would place Malimali in an unavoidable conflict, potentially needing to be resolved legally in the future.
He condemned the ongoing situation as an unsightly result of outdated laws made for questionable reasons and thinks the government should urgently address these issues. Leung is contemplating the appropriate path forward and reminded all public officials to always act lawfully, uphold the rule of law, and refrain from pursuing personal or political agendas while exercising their powers.