Attorney-General Graham Leung has stated that the Acting Deputy Commissioner of the Fiji Independent Commission Against Corruption (FICAC), Francis Pulewai, appears to have authorized the arrest of newly appointed Commissioner Barbara Malimali. In a media briefing, Leung confirmed that Malimali was physically detained.
Leung emphasized the importance of the rule of law, asserting that all public officials must adhere to the law and utilize their powers appropriately. He acknowledged that while FICAC operates independently of the Attorney-General’s Office, it is legally required to keep the office informed about its activities.
He highlighted that he is designated as the Minister Responsible for FICAC under Section 115(9) of the Constitution, which gives him the authority to comment on such matters, especially concerning the rule of law in Fiji.
In his remarks, Leung noted that Malimali’s appointment was made by the President on the advice of the Judicial Services Commission, in accordance with legal procedures. He stated that due process was observed and that Pulewai should respect Malimali’s position.
Leung expressed concern regarding the timing of FICAC’s actions, suggesting that arresting the Commissioner on her first day in office raises significant questions. He described the measures taken by FICAC as extreme, warning that the agency’s broad powers can seriously affect citizens’ liberties and reputations.
He asserted that FICAC should exercise its powers with caution and should not act in ways that cast doubt on its motives. Leung reiterated that, as the current Commissioner of FICAC, Malimali is entitled to the presumption of innocence and may have to make decisions that protect her interests amid this controversy.
He further indicated that if Pulewai’s actions resulted in improper decision-making within FICAC, issues related to conflict of interest might need to be addressed in a court setting. Leung criticized the situation as a troubling outcome of outdated laws, which he believes need urgent review by the government.
He concluded by reminding all public officials of their obligation to act lawfully and to respect the rule of law, warning against the pursuit of personal or political motives in the exercise of their legal powers.