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.
Leung emphasized that adherence to the law is essential for all public officials, who are expected to exercise their powers properly. He pointed out that while FICAC operates independently from the Office of the Attorney-General, it is mandated to keep the Office informed about its activities.
According to Leung, he is the Minister responsible for FICAC as outlined in Section 115(9) of the Constitution. He noted that given the significance of his role in upholding the rule of law in Fiji, he feels compelled to share his thoughts on the unfolding situation.
He provided background information on Malimali’s appointment, which was made by the President based on recommendations from the Judicial Services Commission, in compliance with legal standards. Leung stressed that due process has been observed, and that Pulewai is obligated to respect Malimali’s appointment.
Leung expressed serious concerns regarding FICAC’s recent actions, led by Pulewai, particularly given that this incident occurred on Malimali’s first day in office. He described this response as extreme, pointing out that FICAC’s powers are extensive and can significantly affect individuals’ freedoms and reputations.
He reiterated that FICAC’s powers should be exercised cautiously and thoughtfully, and not in a manner that raises questions about its motives. Leung stated that Malimali, now serving as the Commissioner, deserves the presumption of innocence and might find herself in a difficult situation where she must act in her own interest to resolve the current standstill.
He warned that if Pulewai’s actions have resulted in FICAC making decisions for improper reasons, it may necessitate addressing potential conflicts of interest, possibly in court. Leung asserted that the ongoing situation reflects a troubling legacy of questionable laws and practices that the government must urgently address. He is currently considering the most appropriate course of action moving forward.
In closing, the Attorney-General reminded all public officials of their obligation to act within the law and uphold the rule of law, avoiding the pursuit of personal or political agendas while exercising their legal powers.