Former attorney-general Graham Leung has confirmed he advised the Acting Chief Justice to place the appointment of Barbara Malimali as FICAC commissioner on hold after learning of a complaint against her, but later withdrew his concerns based on strong support from the Electoral Commission.
In a sworn affidavit, Mr Leung said he telephoned former acting FICAC deputy commissioner Francis Puleiwai on September 3, 2024, who confirmed a complaint had been made against Ms Malimali.
“I cannot recall whether Ms Puleiwai disclosed the nature of the complaint,” he said.
Following the call, he contacted the Acting Chief Justice Salesi Temo and suggested the appointment be paused.
“He said he would do so,” Mr Leung said.
Later that day, Mr Leung received a letter from five Electoral Commissioners which rejected the complaint as “vexatious” and lacking merit.
Based on their endorsement, he said, “I could no longer persist with the reservation I had in relation to the appointment of Ms Barbara Malimali.”
Mr Leung said he then informed the Acting Chief Justice there was no rational basis to delay her confirmation, describing the Electoral Commissioners as “prominent citizens whose credibility I did not doubt”.
