Attorney-General Graham Leung has defended the appointment of Barbara Malimali as the Commissioner of the Fiji Independent Commission Against Corruption (FICAC), asserting that the process was conducted properly. Speaking to the media at his office, Leung stated that Malimali was appointed based on her qualifications after being shortlisted with four other candidates.
Malimali is currently under investigation by FICAC. “The position of FICAC head has been vacant for several months,” Leung explained. “According to the Constitution, the head of FICAC is appointed by the Judicial Services Commission, which then recommends a candidate to the President.”
On the day of her appointment, Malimali reported for her first day at work but was subsequently detained for questioning regarding an abuse of office allegation. Initial reports indicated that Acting Deputy FICAC Commissioner Francis Pulewai would hold a press conference, but this did not take place.
Leung noted that Pulewai, who resigned the same day, seemed to have authorized the arrest and detention of Malimali. “On the surface, this action is extreme,” Leung remarked, emphasizing that FICAC’s powers are extensive and can significantly affect a person’s freedom and reputation. “FICAC powers must always be exercised cautiously and deliberately, not in haste.”
He expressed surprise at the unusual situation, stating, “You will understand that the new boss starts work on a Thursday morning, and her own staff are attempting to arrest her, which is deeply concerning.” Leung questioned the legality of the purported arrest carried out by Malimali’s own team.
In response, Pulewai stated that she was adhering to due process in detaining Malimali, emphasizing her commitment to upholding the rule of law when corruption complaints are raised.