Former Attorney General, Graham Leung stresses that he never conspired with others like Deputy Prime Minister Manoa Kamikamica, Minister for Justice Siromi Turaga and Solicitor General Ropate Green to appoint Barbara Malimali as FICAC Commissioner.
Speaking at a press conference, Leung says he hopes the Commission of Inquiry Report into the appointment of Malimali is not politicised as there are claims made against him of committing criminal offences with no proof in the report that he had done that.
Leung also stresses that he never had any discussion with Prime Minister, Sitiveni Rabuka on Malimali’s appointment or the Commission of Inquiry report before he was dismissed without any discussion.
@fijivillage.com I agreed to the appointment after Electoral Commissioners wrote to me – former AG
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He says the COI Report is a travesty of justice and we are poisoning ourselves if we take this report seriously.
He says the report’s conclusions are the triumph of idle social media prattle and lazy legal guesswork.
Leung highlighted the personal cost that the COI Report has extracted from all of us in Fiji by debasing our best instincts through social media gossip, picking at the ties of goodwill and community that have bound us together as a country, jumping to quick conclusions based on flimsy conspiracy theories so that we no longer recognise the presumption of innocence as an important principle, and how important it is that we all have access to fair and efficient justice, no matter the charge, no matter the situation.
According to Leung’s sworn affidavit to the Commission of Inquiry, he says on or about 2nd September 2024, Acting Chief Justice Salesi Temo wrote to him and consulted on its recommendation that Malimali be appointed to fill the vacant post of Commissioner of FICAC.
He said he understands that on the same day, he communicated back to the Judicial Services Commission that he was in agreement with and endorsed its decision.
Leung said in the sworn affidavit that on 3rd September 2024, he called the Acting Deputy Commissioner of FICAC, Francis Puleiwai and had a brief telephone call when she confirmed there was a complaint against Malimali, then Chair of the Electoral Commission, and an applicant for the post of FICAC Commissioner.
He said as a result, and out of caution, on Tuesday 3rd September 2024, he contacted the Acting Chief Justice and suggested he put Malimali’s appointment on hold.
Leung said Acting Chief Justice Temo said he would do so.
He said later, on the same day, Doctor Atu Emberson Bain, a lawyer, former Senator, and one of the current Electoral Commissioners emailed him a copy of the letter addressed to the Chair of the Judicial Services Commission.
In that letter all the Electoral Commissioners including Doctor Bain, Nalini Singh, Reginald Jokhan, Nemani Mati and Ratu Inoke Dokonivalu say that they believe there has been nothing in the actions of Malimali as Electoral Commission Chair that can be construed as interference with the appointment or work of the Supervisor of Elections or that is an abuse of office.
The Commissioners also said that it is also concerning for them that a search warrant should be executed on the basis of a vexatious complaint of no merit, in particular an allegation by Alexander Forwood of abuse of office.
They said that Forwood has been engaged in systematic bullying and harassment of Malimali on social media over five months. They said this included making wild and unsubstantiated allegations that Malimali, in her capacity as Chair of the Electoral Commission, had sought to dismiss the Acting Supervisor of Elections Ana Mataiciwa at the time, to interfere with the process of appointing the Supervisor of Elections, and generally to interfere with the work of the SOE.
Leung said that following the receipt of the letter from the Electoral Commissioners, he called the Acting Chief Justice and told him that he no longer persists with the reservation he had in relation to Malimali’s appointment as FICAC Commissioner.
He said he explained to Acting Chief Justice Temo that faced with the views of five prominent citizens whose credibility he did not doubt, against those of a well known anti-government blogger Alexander Forwood, he preferred to rely on the endorsement of the Electoral Commissioners.
Leung adds that he was only consulted as stated under the 2013 Constitution, and the Judicial Services Commission made up of the Acting Chief Justice who is also the Chair, the President of the Fiji Court of Appeal, Permanent Secretary for Justice and the Chief Registrar decided and recommended the appointment before the President appointed Malimali as FICAC Commissioner.
Leung says one of the reasons he was ready to serve the government was because of the terrible cost that many of them paid as citizens during the Bainimarama years.
Leung says during those years, the law was used as a weapon to intimidate, to threaten and to silence.
He says accusations would be made and a presumption of guilt would be cast over the accused, causing friendships, families and workplaces to change.
Leung says there was a real fear of associating with someone accused and this happened in all of our lives.
He says he looks at the Commission of Inquiry Report and sees the same thing.
Leung also highlighted that it is more than two months since the COI Report was published, and he still has not received an official copy of the report detailing the official findings against him.
He says he still does not have access to the official transcripts, so he cannot verify, test or check, what was said and why the COI reached the findings that it did.
The former Attorney General says this is not the standard of justice or the rule of law that he spent his professional career defending.
Leung says the COI has been allowed to fester in our politics and national conversation for too long.
He says this is not who we are, and we are better than this.
Leung was appointed Attorney-General on 5th June last year and was dismissed by the Prime Minister on May 30th.
The Prime Minister said the COI Report made his position as Attorney-General ‘untenable’.
Leung says he takes strong exception to, and unequivocally rejects, the findings of the Commission of Inquiry insofar as they relate to his conduct during the appointment process of the FICAC Commissioner.
Leung says at all material times, he acted within the bounds of the law, with honesty, and in good faith.
Former Attorney General, Graham Leung says the Commission of Inquiry Report into the appointment of Barbara Malimali is a travesty of justice.
In a press conference, Leung says we are poisoning ourselves if we take this COI Report seriously.
He says the report’s conclusions are the triumph of idle social media prattle and lazy legal guesswork.
Leung highlighted the personal cost that the COI Report has extracted from all of us in Fiji by debasing our best instincts through social media gossip, picking at the ties of goodwill and community that have bound us together as a country, jumping to quick conclusions based on flimsy conspiracy theories so that we no longer recognise the presumption of innocence as an important principle, and how important it is that we all have access to fair and efficient justice, no matter the charge, no matter the situation.
He says one of the reasons he was ready to serve the government was because of the terrible cost that many of them paid as citizens during the Bainimarama years.
Leung says during those years, the law was used as a weapon to intimidate, to threaten and to silence.
He says accusations would be made and a presumption of guilt would be cast over the accused, causing friendships, families and workplaces to change. Leung says there was a real fear of associating with someone accused and this happened in all of our lives.
He says he looks at the Commission of Inquiry Report and sees the same thing.
Leung also highlighted that it is more than two months since the report was published, and he still has not received an official copy of the report detailing the official findings against him.
He says he still does not have access to the official transcripts, so he cannot verify, test or check, what was said and why the COI reached the findings that it did.
The former Attorney General says this is not the standard of justice or the rule of law that he spent his professional career defending.
Leung says the COI has been allowed to fester in our politics and national conversation for too long.
He says this is not who we are, and we are better than this.
Leung was appointed Attorney-General on 5th June last year and was dismissed by the Prime Minister on May 30th.
The Prime Minister said the COI Report made his position as Attorney-General ‘untenable’.
Leung says he takes strong exception to, and unequivocally rejects, the findings of the Commission of Inquiry insofar as they relate to his conduct during the appointment process of the FICAC Commissioner.
Leung says at all material times, he acted within the bounds of the law, with honesty, and in good faith. Stay with us for developments.
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