Attorney-General Graham Leung has indicated 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 had been physically detained.
Leung emphasized the importance of the rule of law, stating that all public officials are required to respect and abide by the law and to appropriately use their powers. He noted that while FICAC operates independently of the Office of the Attorney-General, it is legally obligated to keep the Attorney-General informed about its activities.
According to Leung, he is designated as the Minister Responsible for FICAC under Section 115(9) of the Constitution. He expressed that he is entitled to share his views on the situation, given his role in upholding the rule of law in Fiji.
In terms of background, Leung explained that Malimali was appointed by the President based on the advice of the Judicial Services Commission, as mandated by law. He asserted that the constitutional process had been followed in her appointment and called on Pulewai to respect this decision.
Leung described the actions taken by FICAC under Pulewai’s direction, particularly the arrest of Malimali on her first day in office, as troubling and extreme. He pointed out the extensive powers of FICAC, which can significantly impact individuals’ freedoms and reputations, stressing that such powers must be wielded carefully and appropriately.
He affirmed that Malimali, as the Commissioner of FICAC, is entitled to the presumption of innocence and is now faced with the challenge of navigating this situation for her own interests. Leung warned that if Pulewai’s actions have led to improper decisions being made within FICAC, it could lead to questions of conflict of interest that may require judicial resolution.
Leung criticized the ongoing circumstances as a concerning legacy of past laws that may have been used for questionable ends, urging the government to address these issues promptly. He concluded by reminding public officials of their duty to act legally and avoid pursuing personal or political agendas in the exercise of their official powers.