Fiji’s former Attorney-General Graham Leung today said that he did not discuss the appointment of Barbara Malimali with Prime Minister Sitiveni Rabuka.
Leung said he was consulted solely by the Judicial Services Commission (JSC) and not once discussed Malimali’s appointment with the Prime Minister, Deputy Prime Minister, Solicitor-General, or the Minister for Justice. He stated that he had initially advised the Chief Justice to pause the appointment after being informed by then-acting FICAC Deputy Commissioner Francis Pulewai about a complaint against Malimali.
In his affidavit, Leung stated that he called Pulewai on 3 September 2024, and during the brief call, he was informed about the complaint. He said he could not recall whether Pulewai disclosed the nature of the complaint, but out of caution, he alerted the Chief Justice and suggested that the appointment be put on hold. Leung later withdrew that advice after receiving a letter from the Electoral Commission, which deemed the complaint against Malimali, filed by Alex Forwood, as a “vexatious complaint of no merit.”
Leung said that at no time during that period did he speak with the Prime Minister, nor was he instructed to delay the appointment.
He made the statements to the media in Suva today — his first public defence since his dismissal on May 30, and two months after the COI report was handed over to the PM and President Ratu Naiqama Lalabalavu.
“I take strong exception to, and unequivocally reject, the findings of the Commission of Inquiry insofar as they relate to my conduct during the appointment process of the FICAC Commissioner,” Leung said of the COI report. “At all material times, I acted within the bounds of the law, with honesty, and in good faith.”
Leung, who was appointed Attorney-General on 5 June 2024, described the COI’s findings as unjust and damaging. He was reportedly dismissed via a one-line text message from the Prime Minister while overseas in Hong Kong.
“From my professional perspective, the report is a travesty of justice. We are poisoning ourselves if we take this COI Report seriously … The Report’s conclusions are the triumph of idle social media prattle and lazy legal guesswork,” he said.
The COI Report, submitted to the President and Prime Minister on 1 May, was leaked in recent weeks. It has not been officially released — not even to Leung, who confirmed that he still hasn’t received a copy to date.
According to the report, in changing his position and pressing ahead with the appointment despite knowing that the investigation against Malimali was active and nearing charge state, Leung allegedly abused his office, and perverted or obstructed the course of justice, conspired to obstruct or pervert justice, and committed perjury.
Editor’s Note: A redacted version of the COI report was published on the Fiji Government website a little after 3 pm today
