Attorney General Graham Leung

Attorney General Graham Leung says trial and conviction by whispers are wrong and must stop.

Leung highlighted this in response to recent events where new Fiji Independent Commission Against Corruption Commissioner Barbara Malimali was questioned on her first day in office.

It’s believed that the now former Acting Deputy Commissioner of FICAC Francis Puleiwai purported to arrest the Commissioner, her superior, for allegations of abuse of office.

In addressing the matter, the Attorney General says although FICAC is constitutionally independent of the office of the Attorney-General, it is legally obliged to update and advise him from time to time on its activities under section 115(9) of the Constitution, as he is the Cabinet Minister with responsibility for FICAC.

Leung says trial and conviction by whispers run against the very grain of decency and fairness, which is the foundation of a society ruled by law.

He says this is not who we are.

He adds that at this point, Malimali is the Commissioner of FICAC and has the responsibilities and powers of Commissioner.

He says the new Commissioner is entitled to the presumption of innocence.

The Attorney General further says that Malimali may now be placed in the unfortunate position where, to deal with the current impasse, she has to make decisions in her interest.

He also claimed that this unseemly and unbecoming saga is the ultimate legacy of laws made many years ago for questionable purposes and, in his opinion, exercised in a sometimes questionable manner.

Leung says these are matters that will have to be addressed as a matter of urgency by the government in due course. He says he is considering what the best way forward is.

The Attorney-General also warned all public officials that they are expected at all times to act lawfully, to respect the rule of law, and not, in the exercise of the legal powers of which they are possessed, to pursue personal or political agendas.