*Was Attorney-General Graham Leung aware that Barbara Malimali was acting illegally when she issued Stop Departure Order against Puleiwai?
*He should seriously consider tendering his RESIGNATION as A-G!
 |  |
SORDID AFFAIR: "On the way to Lautoka, we decided, my husband and I, that I should leave the country for a bit until everything calms down for we could not gauge what was going to happen given that the Attorney-General (Graham Leung) had said in a press conference irrespective of what Judicial Services Commission had decided since they had given the two options for me to choose from - either to be charged with three counts of Abuse of Office or to resign. On the morning of the 07 September, around 0500hrs, I checked into Nadi Airport and flew out that morning at about 0900hrs to Brisbane."
Fijileaks: Who dumped Malimali on the Fiji Electoral Commission, and later on FICAC. The Attorney-General Graham Leung has a lot of explaining to do, for he had taken the centre stage after Puleiwai's resignation. The Fiji Law Society president Wylie Clarke must also explain why he whisked Malimali away from the clutches of FICAC legal officers who had detained Malimali and were interviewing her for Abuse of Office.
*Below is Francis Leba Puleiwai's Statement to Fiji Police:
I, Francis Leba Puleiwai of ________________and former Acting Deputy Commissioner of FICAC and currently residing in _________ wish to lodge a complaint against the current Commissioner of FICAC, Ms Barbara Malimali for abusing her powers.
Ms Malimali had issued a Stop Departure Order (SDO) against me on the 07 September 2024 to the Department of Immigration with out following the due process that is outlined under the FICAC Act of 2007. She has acted outside the powers of the Commissioner under the FICAC Act 2007 when she had directed for the issuance of a Stop Departure Order (SDO) against me.
I was forced to resign under duress by the Judicial Services Commission (JSC) on the 05 September 2024 to which I then left FICAC that evening. On the 6 September 2024 around midnight, I left with my family for Lautoka to stay with my in-laws for a bit until things settled in Suva. My children had to leave as well since we were unsure what the situation was going to be.
However, on the way to Lautoka, we decided, my husband and I, that I should leave the country for a bit until everything calms down for we could not gauge what was going to happen given that the Attorney-General (Graham Leung) had said in a press conference irrespective of what Judicial Services Commission had decided since they had given the two options for me to choose from - either to be charged with three counts of Abuse of Office or to resign.
On the morning of the 07 September, around 0500hrs, I checked into Nadi Airport and flew out that morning at about 0900hrs to Brisbane.
After I arrived in Brisbane, I received a phone call from Fiji that there was a Stop Departure Order (SDO) being issued against me by Ms Malimali to the Immigration Departure (Department) just few hours after I flew out of on the 07 September 2004. I was never served with the SDO since that is the process under Section 13(1)(e) of the FICAC Act of 2007 that within 24 hours of the SDO being issued, I should have been served with a copy of the SDO and to acknowledge receipt which was never done.
How this SDO was instituted against me is only known by the Commissioner and whoever she had directed to institute it. For the process is, once a complaint is received and assessed, the Commissioner or the Deputy Commissioner will endorse for the investigation. The file will then go the Investigation Department through the Manager Investigation for opening an investigation file and putting an investigation file number. Thereafter the Manager Investigation in consultation with the Commissioner or Deputy Commissioner see after assessment the need to put an SDO against an individual for fear of suspect fleeing the country, then the SDO is issued and served on the suspect with 24 hours of the time it is issued. The suspect will then sign on the SDO to acknowledge Receipt, which is in accordance with Section 13(1)(e) of the FICAC Act 2007.
Ms Malimali had issued a Stop Departure Order (SDO) against me on the 07 September 2024 to the Department of Immigration with out following the due process that is outlined under the FICAC Act of 2007. She has acted outside the powers of the Commissioner under the FICAC Act 2007 when she had directed for the issuance of a Stop Departure Order (SDO) against me.
I was forced to resign under duress by the Judicial Services Commission (JSC) on the 05 September 2024 to which I then left FICAC that evening. On the 6 September 2024 around midnight, I left with my family for Lautoka to stay with my in-laws for a bit until things settled in Suva. My children had to leave as well since we were unsure what the situation was going to be.
However, on the way to Lautoka, we decided, my husband and I, that I should leave the country for a bit until everything calms down for we could not gauge what was going to happen given that the Attorney-General (Graham Leung) had said in a press conference irrespective of what Judicial Services Commission had decided since they had given the two options for me to choose from - either to be charged with three counts of Abuse of Office or to resign.
On the morning of the 07 September, around 0500hrs, I checked into Nadi Airport and flew out that morning at about 0900hrs to Brisbane.
After I arrived in Brisbane, I received a phone call from Fiji that there was a Stop Departure Order (SDO) being issued against me by Ms Malimali to the Immigration Departure (Department) just few hours after I flew out of on the 07 September 2004. I was never served with the SDO since that is the process under Section 13(1)(e) of the FICAC Act of 2007 that within 24 hours of the SDO being issued, I should have been served with a copy of the SDO and to acknowledge receipt which was never done.
How this SDO was instituted against me is only known by the Commissioner and whoever she had directed to institute it. For the process is, once a complaint is received and assessed, the Commissioner or the Deputy Commissioner will endorse for the investigation. The file will then go the Investigation Department through the Manager Investigation for opening an investigation file and putting an investigation file number. Thereafter the Manager Investigation in consultation with the Commissioner or Deputy Commissioner see after assessment the need to put an SDO against an individual for fear of suspect fleeing the country, then the SDO is issued and served on the suspect with 24 hours of the time it is issued. The suspect will then sign on the SDO to acknowledge Receipt, which is in accordance with Section 13(1)(e) of the FICAC Act 2007.
5 September 2024, Fijivillage News
The drama continues at FICAC as Acting Deputy Commissioner of FICAC, Francis Puleiwai has tendered in her resignation after a meeting with the Judicial Services Commission that appointed FICAC Commissioner, Barbara Malimali.
While responding to the letter written by Puleiwai and comments made that she has been told to hold off on charges, Deputy Prime Minister and Minister for Finance, Professor Biman Prasad says this matter is in the hands of his lawyers.
Professor Prasad says they have already communicated with FICAC and strongly rejected any basis for charges.
He says other than this, he does not intend to comment. Puleiwai had said earlier that that they have been told to hold off on any charges after she wrote a letter indicating that Professor Prasad will be charged later.
Things have been heating up earlier after newly appointed FICAC Commissioner, Barbara Malimali was taken in for questioning on her first day in office on the orders of Puleiwai. Puleiwai confirmed that she also wrote a letter to the President Ratu Wiliame Katonivere, Acting Chief Justice Salesi Temo, Prime Minister Sitiveni Rabuka, Attorney General Graham Leung and Minister for Justice Siromi Turaga indicating that they will be charging Professor Prasad.
Puleiwai is yet to respond to our question on who had told her to hold off on any charges. Meanwhile Malimali was questioned and released in relation to a complaint of alleged abuse of office. We had also asked Puleiwai on what is the nature of the allegation against Malimali. fijivillage News has also asked her whether FICAC has analysed the complaints against Malimali and the Ministers, and determined whether they are genuine or frivolous in nature. They are yet to comment. The FICAC Commissioner’s vacancy was advertised earlier this year and Puleiwai confirms that she had applied for the position. We have sent questions to the Judicial Services Commission Chairman and Acting Chief Justice Temo and Minister for Justice Turaga. They are yet to comment.
The drama continues at FICAC as Acting Deputy Commissioner of FICAC, Francis Puleiwai has tendered in her resignation after a meeting with the Judicial Services Commission that appointed FICAC Commissioner, Barbara Malimali.
While responding to the letter written by Puleiwai and comments made that she has been told to hold off on charges, Deputy Prime Minister and Minister for Finance, Professor Biman Prasad says this matter is in the hands of his lawyers.
Professor Prasad says they have already communicated with FICAC and strongly rejected any basis for charges.
He says other than this, he does not intend to comment. Puleiwai had said earlier that that they have been told to hold off on any charges after she wrote a letter indicating that Professor Prasad will be charged later.
Things have been heating up earlier after newly appointed FICAC Commissioner, Barbara Malimali was taken in for questioning on her first day in office on the orders of Puleiwai. Puleiwai confirmed that she also wrote a letter to the President Ratu Wiliame Katonivere, Acting Chief Justice Salesi Temo, Prime Minister Sitiveni Rabuka, Attorney General Graham Leung and Minister for Justice Siromi Turaga indicating that they will be charging Professor Prasad.
Puleiwai is yet to respond to our question on who had told her to hold off on any charges. Meanwhile Malimali was questioned and released in relation to a complaint of alleged abuse of office. We had also asked Puleiwai on what is the nature of the allegation against Malimali. fijivillage News has also asked her whether FICAC has analysed the complaints against Malimali and the Ministers, and determined whether they are genuine or frivolous in nature. They are yet to comment. The FICAC Commissioner’s vacancy was advertised earlier this year and Puleiwai confirms that she had applied for the position. We have sent questions to the Judicial Services Commission Chairman and Acting Chief Justice Temo and Minister for Justice Turaga. They are yet to comment.
 |  |
The arrest of new Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali, by her own staff, has Government worried that the turn of events has tarnished the appointment.
In his first press conference yesterday, Attorney-General Graham Leung called it an “extraordinary morning” as it was unprecedented for a new boss to be arrested by their own staff on their first day on the job.
Mr Leung said he received a call about the arrest when he was in Parliament and was “taken by surprise”.
He also said the legality of the purported arrest of Ms Malimali by her own staff was highly questionable.
“I think it should be known that Ms (Francis) Puleiwai herself had applied for the FICAC position, I think as many as 20 applications were received,” he said.
“Four people were shortlisted, and after a transparent merit-based process, Ms Malimali was appointed.
“The appointing authority which made recommendations to His Excellency the President is the Judicial Services Commission (JSC).”
He said before the appointment, all necessary steps outlined in the Constitution had been followed.
Mr Leung said it was central to the rule of law that all public officials abide by legal processes and procedures with respect to appointments.
“Now, if any applicant for any position is dissatisfied with the appointment, there is a process that the law provides. You can challenge it in court, or you can institute an appeal, or you can have recourse to other remedies that the law may provide.
“I think it should also be disclosed that FICAC issued a search warrant against the Electoral Commission two days ago, and in that search warrant, the FICAC sought information from the Electoral Commission in relation to Ms Malimali, in view of the events that I have described.
“It raises serious questions about the motive behind Ms Malimali’s arrest.
“The arrest apparently was by somebody who had applied for the same position.”
He said the unfortunate situation had been defused yesterday as Ms Malimali was released.
In his first press conference yesterday, Attorney-General Graham Leung called it an “extraordinary morning” as it was unprecedented for a new boss to be arrested by their own staff on their first day on the job.
Mr Leung said he received a call about the arrest when he was in Parliament and was “taken by surprise”.
He also said the legality of the purported arrest of Ms Malimali by her own staff was highly questionable.
“I think it should be known that Ms (Francis) Puleiwai herself had applied for the FICAC position, I think as many as 20 applications were received,” he said.
“Four people were shortlisted, and after a transparent merit-based process, Ms Malimali was appointed.
“The appointing authority which made recommendations to His Excellency the President is the Judicial Services Commission (JSC).”
He said before the appointment, all necessary steps outlined in the Constitution had been followed.
Mr Leung said it was central to the rule of law that all public officials abide by legal processes and procedures with respect to appointments.
“Now, if any applicant for any position is dissatisfied with the appointment, there is a process that the law provides. You can challenge it in court, or you can institute an appeal, or you can have recourse to other remedies that the law may provide.
“I think it should also be disclosed that FICAC issued a search warrant against the Electoral Commission two days ago, and in that search warrant, the FICAC sought information from the Electoral Commission in relation to Ms Malimali, in view of the events that I have described.
“It raises serious questions about the motive behind Ms Malimali’s arrest.
“The arrest apparently was by somebody who had applied for the same position.”
He said the unfortunate situation had been defused yesterday as Ms Malimali was released.
Wylie Clarke on the left and Laurel Vaurasi on the right flanking Malimali as they whisk her away from FICAC
