Attorney General, Graham Leung says this morning’s actions of FICAC, directed by Acting Deputy Commisioner Francis Puleiwai, in purporting to arrest the new Commissioner, Barbara Malimali, her superior, on the Commissioner’s first day in office, are severely open to question.
In a press conference, Leung says as he understands it, Puleiwai appears to have sanctioned the arrest of, and executed powers of arrest against Malimali.
He says he understands Malimali was physically detained.
Leung says he is aware that all 5 members of the Electoral Commission have written to the Judicial Services Commission expressing full confidence in the integrity to Malimali, and explained the context of the complaint against her for abuse of office.
The Attorney General says they say the complaint has no basis.
Leung says the Electoral Commissioners are persons of high repute and integrity.
He adds he believes it arose out of a misunderstanding of the Electoral Commission’s duty to be consulted by the Constitutional Offices Commission on the appointment of the Supervisor of Elections.
Leung says FICAC is constitutionally independent of the Office of the Attorney-General.
However, he says it is legally obliged to update and advise him from time to time on its activities under Section 115(9) of the Constitution and he is the Cabinet Minister with responsibility for FICAC.
Leung says he is not prevented from expressing his opinion on these events, given the central role of the Attorney-General in ensuring that the rule of law is followed in our country.
He says central to rule of law is that all public officials must respect the law and abide by it, and use their powers for proper purposes.
Leung stresses that Malimali was duly appointed yesterday by the President, on the advice of the Judicial Services Commission, as the law requires.
He says due process under the constitution has been followed and Puleiwai must respect that appointment.
The Attorney General says this matter is particularly sensitive since Puleiwai was herself an applicant for the position of Commissioner.
He says if Puleiwai has a problem with the appointment then, like every other public official or citizen, she has the right of access to the Courts.
Leung says yesterday, he received a copy of a complaint to the Judicial Services Commission from the Electoral Commission.
This concerned the execution by FICAC of a search warrant against the Electoral Commission two days ago, which FICAC, in a media release, said was in relation to investigations against Malimali. He says it is unclear why FICAC thought it fit to make a public statement on an ongoing investigation into a named individual, with the obvious reputational consequences for Malimali.
Leung says it is difficult to believe that FICAC could have taken all necessary steps to complete its investigations against Malimali in this two-day period.
He says it is difficult to believe that this morning’s actions are coincidental.
He says if they are not coincidental then there must be a question about whether, in taking them, FICAC, under the direction of Puleiwai, has exercised its powers for proper purposes.
Leung is concerned with a worrying trend in this country of maligning people based on rumours and innuendo.
He says trial and conviction by whispers are wrong and must stop as they run against the very grain of decency and fairness which is the foundation of a society ruled by law.
Leung stresses that at this point, Malimali is the Commissioner of FICAC and has the responsibilities and powers of Commissioner.
He says she is entitled to the presumption of innocence.
The Fiji Independent Commission Against Corruption conducted a search at the Electoral Commission relating to an ongoing investigation against Election Commission Chair Barbara Malimali.
The Fiji Independent Commission Against Corruption conducted a search yesterday at the Electoral Commission relating to an ongoing investigation against Election Commission Chair Barbara Malimali.
Malimali is under investigation by FICAC for alleged abuse of office.
FICAC reiterates that it was not a "raid", however, it was a formal process of FICAC investigation, where their investigators uplift documentation required via the authority of a search warrant.
Fiji Labour Party Leader, Mahendra Chaudhry has strongly denounced what he calls the ‘underhanded manner’ in which the appointment of Barbara Malimali as Commissioner FICAC is being processed while she is under active investigation by FICAC for alleged abuse of office as the Chairperson of the Electoral Commission.
In a statement, Chaudhry claims they are aware of alleged undue pressure applied on the Acting Assistant Commissioner of FICAC, Francis Puleiwai to desist from charging a number of Ministers.
However the Acting Deputy Commissioner, Francis Puleiwai has rejected this claim, saying no one has asked her to stop the investigations.
The FLP Leader says they will fight this alleged abuse of authority and power to protect some, and call on the Prime Minister to intervene and let FICAC complete its work on these reported cases.
Chaudhry says he had sent an email to the Prime Minister in whose absence this underhand move was being made.
Meanwhile Electoral Commission Chairperson, Barbara Malimali has been appointed the Commissioner of FICAC.
FICAC confirms the appointment was done through the Judicial Services Commission and signed off by the President, Ratu Wiliame Katonivere.
FICAC has confirmed it is conducting an investigation against Malimali for alleged abuse of office.
FICAC confirms they had conducted a search yesterday at the Electoral Commission.
They reiterated that it was not a "raid", however, it was a formal process of FICAC investigation, where their investigators uplift documentation required via the authority of a search warrant.
We have sent questions to Prime Minister Sitiveni Rabuka and Chair of the Judicial Services Commission Acting Chief Justice Salesi Temo.
We are also trying to get Malimali’s comments.
Acting Deputy Commissioner of FICAC, Francis Puleiwai says Electoral Commission Chairperson, Barbara Malimali is still under investigation by FICAC although she is coming in as the FICAC Commissioner.
Speaking to fijivillage News, Puleiwai also confirms that they are proceeding with the investigation relating to some of the Ministers.
She stresses there has been no undue pressure applied on her to desist from charging a number of Ministers.
Puleiwai says she has not been asked to desist, as of today, and she was just informed this afternoon that Malimali was appointed by the President.
She says the complaints with FICAC against some of the Ministers are still ongoing.
The FICAC Commissioner’s vacancy was advertised earlier this year and Puleiwai confirms that she had applied for the position.
Fiji Labour Party Leader, Mahendra Chaudhry has strongly denounced what he calls the ‘underhanded manner’ in which the appointment of Barbara Malimali as Commissioner FICAC is being processed while she is under active investigation by FICAC for alleged abuse of office as the Chairperson of the Electoral Commission.
In a statement, Chaudhry claims they are aware of alleged undue pressure applied on the Acting Assistant Commissioner of FICAC, Francis Puleiwai to desist from charging a number of Ministers.
However the Acting Deputy Commissioner, Francis Puleiwai has rejected this claim, saying no one has asked her to stop the investigations.
The FLP Leader says they will fight this alleged abuse of authority and power to protect some, and call on the Prime Minister to intervene and let FICAC complete its work on these reported cases.
Chaudhry says he had sent an email to the Prime Minister in whose absence this underhand move was being made.
Meanwhile Electoral Commission Chairperson, Barbara Malimali has been appointed the Commissioner of FICAC.
FICAC confirms the appointment was done through the Judicial Services Commission and signed off by the President, Ratu Wiliame Katonivere.
FICAC has confirmed it is conducting an investigation against Malimali for alleged abuse of office.
FICAC confirms they had conducted a search yesterday at the Electoral Commission.
They reiterated that it was not a "raid", however, it was a formal process of FICAC investigation, where their investigators uplift documentation required via the authority of a search warrant.
We have sent questions to Prime Minister Sitiveni Rabuka and Chair of the Judicial Services Commission Acting Chief Justice Salesi Temo.
We are also trying to get Malimali’s comments.
There is confirmation this morning that newly appointed FICAC Commissioner, Barbara Malimali is currently being questioned by FICAC.
fijivillage News has received confirmation that Malimali is in custody and being questioned from earlier this morning in relation to a complaint of alleged abuse of office.
The office of the Electoral Commission was also searched for documents earlier this week.
Malimali is also the Chairperson of the Electoral Commission.
Acting Deputy Commissioner of FICAC, Francis Puleiwai confirmed to fijvillage News last night that Malimali is still under investigation by FICAC although she is coming in as the FICAC Commissioner.
Puleiwai also confirms that they are proceeding with the investigation relating to some of the Ministers.
She stresses there has been no undue pressure applied on her to desist from charging a number of Ministers.
Puleiwai says she has not been asked to desist, as of today, and she was just informed yesterday afternoon that Malimali was appointed by the President.
She says the investigation into complaints with FICAC against some of the Ministers are still ongoing.
The FICAC Commissioner’s vacancy was advertised earlier this year and Puleiwai confirms that she had applied for the position.
We have sent questions to Prime Minister, Sitiveni Rabuka and Chair of the Judicial Services Commission, Acting Chief Justice Salesi Temo. They are yet to respond.
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