Former Attorney-General Graham Leung.

Former Attorney-General Graham Leung said he never discussed the appointment of Barbara Malimali with Prime Minister Sitiveni Rabuka prior to it being finalised by the Judicial Services Commission.

He maintains that the process was led entirely by the Judicial Services Commission and that he simply fulfilled his legal duty, which was to be consulted not to approve or reject any recommendation.

Leung, who was removed from office following the release of the Ashton Lewis Commission of Inquiry report, said he would not be challenging the Prime Minister’s decision in court.

However, he is rejecting the findings of the report in full, describing them as unfair, unsubstantiated and built on layers of hearsay.

He said the Commission had the liberty to manage the process, but questions whether the procedures used meet the threshold of fairness and due process, particularly for those implicated without a proper chance to respond.

He believes this has created a climate of suspicion and distrust within government.

“Different rules apply to ministers. Ministers are by law, not required to be given natural justice when they are appointed or when they are dismissed. So I’m very comfortable in the sense that I understand what the prime minister’s powers are under the constitution.”

Leung points to Section 5 of the FICAC Act, which outlines that the Judicial Services Commission must consult the Attorney-General before making a recommendation, but does not require agreement or endorsement.

He stated the JSC made the call and he simply signed off on the recommendation, which had already been vetted by the Chief Magistrate, Chief Justice, President of the Court of Appeal, Solicitor-General, and the Legal Practitioners Unit.

The former AG said the recommendation looked authentic and there was no indication of irregularity.

He did not write any notes endorsing Malimali’s candidacy, nor did he add comments supporting her appointment.

He also states that the document passed his desk amid numerous daily duties including parliamentary drafting, legal reviews, diplomatic briefings, and meetings with MPs and NGOs.

Leung said the Commission’s findings against him implied that he obstructed justice or abused his office, but he argues that the conclusions do not match the evidence.

He notes that he has not received an official copy of the report or transcripts and has had to rely on leaked versions circulating on social media.

He describes the process as a travesty of justice and says many individuals named in the report have been publicly condemned without the benefit of natural justice.

Stream the best of Fiji on VITI+. Anytime. Anywhere.