Former Acting Deputy Commissioner of the Fiji Independent Commission Against Corruption Francis Puleiwai

Former Acting Deputy Commissioner of the Fiji Independent Commission Against Corruption Francis Puleiwai has raised concerns regarding alleged interference in the commission’s investigations.

This is specifically surrounding the appointment of Commissioner Barbara Malimali.

Puleiwai contends that the processes intended to uphold the rule of law are being undermined, suggesting that those expected to enforce these principles may be seeking to evade accountability.

Puleiwai explained that a complaint was filed against Malimali, leading to an assessment and subsequent investigation.

Barbara Malimali

Despite the Attorney General’s assertion that her arrest was authorized by Puleiwai, she insists that the decision was made following a standard protocol.

According to Puleiwai, Malimali was invited for an interview as a suspect; however, her refusal prompted investigators to proceed with her arrest.

Amidst the investigation, Puleiwai noted that the position of commissioner was advertised twice, with a lack of transparency regarding the outcomes of the first round.

This ambiguity raised questions about the re-advertisement, particularly as it coincided with ongoing inquiries into Malimali’s conduct.

Puleiwai emphasized that while she applied for the position, the qualifications stipulated by the Judicial Service Commission (JSC) were unclear and not necessarily aligned with constitutional requirements.

Her concerns deepened when she learned that Malimali had applied for the commissioner’s role, which she only discovered after applying for the position herself.

She criticized the JSC and the Attorney General for failing to conduct due diligence regarding Malimali’s application amid the ongoing investigation.

Puleiwai indicated that she wrote to the President to express her concerns about Malimali’s appointment, highlighting the pending investigation against her.

Puleiwai maintained that she had informed the Attorney General about the ongoing investigation, but she was not consulted further regarding Malimali’s confirmation as commissioner.

In response to broader concerns about governance, Puleiwai acknowledged a lingering skepticism regarding the state of democracy and the rule of law in Fiji.

Despite recent transitions in leadership, she argued that the hasty appointment of Malimali without the completion of an investigation undermines the principles of accountability and justice.

In response to these allegations, Attorney General Graham Leung dismissed claims that Puleiwai’s decision to authorize Malimali’s arrest was based on personal motives, noting that Puleiwai herself had applied for the FICAC Commissioner’s role.

Attorney General Graham Leung

When questioned about the lack of due diligence in Malimali’s application, Leung suggested that the Judicial Services Commission as the appointing authority under the FICAC Act 2007 would be best suited to address these concerns.

Leung also pointed to Section 5 of the FICAC Act 2007 which grants the JSC the power to recommend commissioner appointments to the President, implying that any decisions regarding Malimali’s appointment would have followed this legal framework.