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.
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