A-G Defends Malimali’s Appointment

Attorney-General (A-G) Graham Leung has defended Barbara Malimali’s appointment as Fiji Independent Commission Against Corruption (FICAC) Commissioner, citing that her appointment followed due process.

Addressing the media yesterday at his office, Mr Leung said Ms Malimali was appointed on merit after being shortlisted with four other candidates.

Ms Malimali has an active investigation with the country’s corruption watchdog.

“The position of the head of FICAC has been vacant for a number of months now,” Mr Leung said.

“Under the Constitution, the head of FICAC is appointed by the Judicial Services Commission which makes recommendations to his Excellency, the President.

“This morning (yesterday) was really an extraordinary morning, you will know His Excellency, the President, under his hand and following the due process under the Constitution appointed Barbara Malimali as Commissioner of FICAC.”

Under the 2013 Constitution, Mr Leung is the line (unelected) Minister responsible for FICAC.

What happened

Interesting events occurred yesterday at Reverend John Hunt House 3.

Ms Malimali, who turned up for her first day at the office, was detained physically for questioning regarding an abuse of office allegation.

The media was initially informed that Acting Deputy FICAC Commissioner Francis Pulewai would host a press conference at 11am, but this did not happen.

Mr Leung said Ms Pulewai, who resigned yesterday appeared to have sanctioned the arrest and executed powers to detain Ms Malimali.

“On its face, this action is extreme, the powers of FICAC are broad. FICAC’s actions can restrict citizen’s liberty and severely impact individual’s personal reputation and good standing,” Mr Leung said.

Newly-appointed FICAC Commissioner Barbara Malimali. Photo: Leon Lord

“So FICAC powers must always be exercised carefully and deliberately and not reactively.”

“I was taken by surprise, as anyone else would be because the situation was unprecedented,” Mr Leung said.

“You will understand that the new boss reports for work on a Thursday morning and her own staff, under their legislation seeking to arrest her that obviously was a deeply concerning situation.

“Now the legality of that purported arrest of Ms Malimali by her own staff, the legality of that arrest is highly questionable.”

Puleiwai response

Ms Pulewai told this masthead yesterday that she was following due process in executing the detention of Ms Malimali.

She said due diligence was followed as she stood for “rule of law to be upheld” when an individual was referred a complaint concerning corruption.

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