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COOK ISLANDS former Solicitor-General falls foul of Constitution of Fiji. Graham Leung's appointment as A-G fails to meet s56 (2-c) of 'ordinarily resident test requiring 2 year residency in Fiji before appointment as A-G'

29/10/2024

 

*If it is established that Graham Leung's appointment is illegal, then his appointment of BARBARA MALIMALI is illegal. In any case, she should never have been foisted upon FICAC when she was under investigation.
*He should also be investigated if he aided and abetted the arrest of Fiji's Finance Minister BIMAN PRASAD who was wanted by FICAC.

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SECTION 56-2(c): Is Ordinarily Resident in Fiji for at least 2 (TWO) years immediately before being nominated:

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Friday 25 March 2022: GRAHAM LEUNG is sworn-in with fanfare as new Cook Islands Solicitor-General:

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8 November 2022: GRAHAM LEUNG dramatically RESIGNS as S-G

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5 JUNE 2024:  Graham Leung is appointed new Attorney-General of Fiji

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Fijivillage quotes the Constitution relating to Leung's appointment but by omission or commission ignores to cite s56 that requires that the holder of the Attorney-General's Office should have been ordinarily resident in Fiji for two years prior to his/her appointment as Attorney-General

*DO THE LEGAL MATHS: Leung was in the Cook Islands from March to November 2022, for a total of NINE MONTHS. 
*We don't know when he returned to Fiji. But his Immigration Arrival Records in the Fiji Immigration data will verify his return to Fiji.
*Let us assume he returned to Fiji in the middle of November 2022. 
*November 2022 to November 2023 = 12 months
*November 2023 + June 2024= 7 months
Total: 18 or 19 months.
*Clearly, he was not entitled to be appointed the new Attorney-General of Fiji under s56 (2) (c) of the Constitution of Fiji
*RESIGN, or better, Rabuka declare Leung's appointment null and void.
*He cannot find refuge in s23(5) of the Electoral Act that states that an aggregate term of 18 months could be considered in particular circumstances.
"For the purpose of subsection (4) (c) a person shall only qualify to be ordinarily resident in Fiji for at least 2 years immediately before being nominated, if that person has been present and living in Fiji for an aggregate period of not less than 18 months out of the 2 years immediately before being nominated.'
*In any case, there was no mention of 'residency test' in his appointment.
*In Graham Leung's case, the Constitution overrides any Act.
*We can't have two laws - one for the Attorney-General and another for
A-G - Atunaisi (A) and Ganpat (G) in Fiji
*Fijileaks: We asked Leung for comments. He has not responded to us.

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