The Prime Minister, Sitiveni Rabuka, sacked Graham Leung as attorney general in brutal fashion a month ago when he read the Ashton-Lewis Commission of Inquiry Report into the Malimali affair and saw the AG accused of alleged abuse of office, conspiracy, perjury and obstructing and perverting the course of justice.
It was brutal because Leung was woken at 5.00am in a Hong Kong hotel room to a one line text message from the Prime Minister that reportedly said tersely: “You are dismissed. COI Report”. Yet Graham Leung surely cannot have been genuinely surprised about Rabuka’s anger when he eventually read what Justice David Ashton-Lewis had found.
The AG is the government’s chief legal advisor and Leung’s primary task was to keep the government on the right side of the law. The Judge found that he had failed miserably to do so in that Leung could, and should, have prevented Barbara Malimali from being appointed FICAC Commissioner in the first place.
Leung knew that Malimali was under FICAC investigation herself for alleged abuse of office as Chair of the Electoral Commission, an astonishing lapse of judgment in itself. And he also should have known that she wasn’t legally eligible for the job in the first place. So he hardly has grounds to complain that the Prime Minister should be deeply unhappy that someone he appointed to be a new broom in the AG’s office should wind up covering everyone in so much dirt.
Graham Leung appeared to have gone quietly. Yet precisely a month on, he is suddenly all over the mainstream media squealing like a skewered pig about the injustice of it all.
Why has it taken him so long to go public? Possibly because it isn’t just Leung who is now trying to discredit the COI but half the government. And certainly those ministers like Manoa Kamikamica and Biman Prasad whose careers also hang in the balance.
Is Graham Leung the stalking horse trying to derail any further sackings by trashing the COI’s credibility? It sure looks that way. But before we detail Graham Leung’s epic whinge about how he has been skewered unfairly, let’s just examine the findings against him.
These are extracts from the unredacted COI Report – the uncensored version – as opposed to the redacted version that the government made public yesterday. And they detail how Graham Leung was up to his armpits in the Malimali debacle.
At this point, it is relevant to mention that Graham Leung has been a close friend of Atu Emberson-Bain for more than 40 years. They were part of a social set of “bright young things” in the legal profession and academia in the 1980s and 90s that also included the likes of Imrana Jalal, Jon Apted and the late Ratu Jone Madraiwiwi.
So if you’re wondering how Atu Emerson-Bain would have the pull with Graham Leung to get him to ignore the fact that FICAC was investigating Barbara Malimali and advise that the appointment proceed, there’s your answer. It has a lot to do with one of those incestuous “small town” cliques that are at the root of so many conflicts of interest in Fiji detrimental to proper standards of governance.
But let’s return to the Report. “He” is the AG:
Then in the section on Possible Charges arising from the COI – Chapter 7, which has been withheld from the version of the Report published on the Fiji Government website but that Grubsheet has published in full.
And a reprise of Atu and Graham in the conclusion of the Report:
So stripped to the essentials, the nation’s attorney general – the government’s main legal advisor – knew that Barbara Malimali was under investigation by FICAC. At first, he accepts that this means she cannot possibly be installed to head the corruption watchdog. But after Atu Emerson-Bain makes representations on Malimali’s behalf, he changes his mind, takes the side of Atu and Barbara, not Francis Puleiwai at FICAC, and advises the Chief Justice, Salesi Temo, to proceed.
Now put yourself in the Prime Minister’s position. Do you think Graham Leung should have kept his job under the circumstances? No, me either. Yet here he is all over the mainstream media shamelessly trying to damage the credibility of a properly constituted judicial inquiry.
It turns out that Graham Leung isn’t the clean-skin we once thought he was – the new broom to mop up the mess of Siromi Turaga‘s tenure as AG – but a big part of the mess himself.
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Listen up, yaca (Graham). These are judicial findings. You had the opportunity at the COI to be heard. You swore an affidavit outlining your position and were cross-examined on that affidavit. You had the opportunity to put your case.
You now have an adverse finding against you because the Judge didn’t accept your story and found you have a case to answer. But IF criminal charges are ever laid against you, you will have natural justice again.
You will be tried in a court of law with the presumption of innocence until proven guilty. So kindly spare us this nonsense and get a grip.
There is a concerted campaign being mounted by elements of Suva’s intellectual and legal elite to undermine and discredit the Ashton-Lewis Report because it threatens their own positions. And Graham Leung is one of their storm-troopers.
They must be defeated for the integrity of the nation’s institutions of state to be upheld.
I think this whole FICAC and COI saga is the previous government’s fault. It is not the fault of those named in the COI Report. It is not the fault of the PM. None of this would have happened if the previous government had not “lost” the election.
Therefore nothing should happen to those named in the report, because it is not their fault. Simple.
If you dig deeper, wherever Graham has gone, he has created division or some sort of controversy, whether in Nauru or the Cook Islands. So it is not surprising he got the boot in his short lived position as AG.
It’s the same trend from Nauru and the Cook Islands where his tenure was cut short due to his arrogance and misdemeanor.
When a person gets caught out doing something wrong they can go two ways, hold up their hands and admit it and apologise. Or, they can deny it and lash out at those who caught them doing it.
When the consequences of them doing it are severe, they are not likely to admit liability and guilt as they immediately lose any chance of escaping the punishment they deserve.
This becomes a pattern and people that don’t suffer consequences early in their offending carry on until finally, someone comes along and follows through, and they get the punishment they deserve.
Unless you live in Fiji.
Got to love the succinct and slightly brusque manner of delivery by His Lordship. Worth quoting.
“Malimali’s appointment was not only legally invalid, it was ethically reprehensible and procedurally corrupt. The evidence demonstrates that the appointment process was politically manipulated and deliberately rushed in order to install a compromised individual into a position of immense power.”
COI is good for the Fijian people. Now we know who are telling lies no matter how hard or smart they talk!
COI is for everyone to learn from – that is no one is above the LAW and we must all learn to our work professionally with integrity, passion & love for the country and its people.
We must all walk the talk and stop the bullshit that will make our people suffer!
I think former AG was one of the referees for Malimali.
He denies it.
Old fisherman saying from gonedau/s of Fiji-a fish will only wiggle and fight vigorously if the spear hits it dead on target.
Its quite interesting how this COI and its report has gone.
When it commenced, I, along with countless others dismissed it as a whitewash by Rabuka to find nothing wrong with Malimali’s appointment. The view at the time was that the COI would come out advising the appointment was fully justified and we were all on the wrong side of the fence.
The report came out and revealed a house of horrors which told the people of Fiji that the situation was far worse than what we had thought it was. We read about the corruption rot which had set in and went all the way to the very top of the judiciary where the CJ was not only alleged to have allowed this to happen but aided and abetted this corruption with as much enthusiasm as possible.
The people accused of encouraging this corruption were not only named, but their actual actions were also exposed and Rabuka, who had originally stated he would not hide anything from the people of Fiji, immediately did a u-turn and did everything to prevent its release. From using completely false procedural reasons to non-existent legal restrictions, Rabuka did his level best to cover up the report and when that started to fail, fled the country for a few days to let things bubble and boil over.
In the meantime, naturally, the report was leaked online. This was least unexpected as there were various online posts on social media and other sources where people demanded someone who had a copy of the report, leak it to reveal the truth. And leaked it was.
Naturally, the people who had been named in the report, along with their sordid and corrupt actions called out, came out swinging and denying everything, Rabuka as usual, fled the country, but not before sacking the useless AG Leung and having Malimali removed from her role as FICAC commissioner in the wild hopes this sacrifice to the gods would appease the people. He also promised to release a redacted copy of the report, despite the full version being available online.
Fast forward to the present day. We have seen the ego-inflated, arrogant and useless Leung, the backstabber Kamikamica, Wiley the coyote and other people named in the report all come out doing their utmost to discredit the report and its authors. From attempting to besmirch the reputation of Ashton-Lewis to attempting to discredit Mason who had done an amazing job with the formulation and analysis in the report.
Rabuka, who had apparently promised Ashton-Lewis that he was going to hunt out the crocodiles and get rid of them, suddenly realised that the very people he had appointed to prop him and his regime up were the same people who had all been implicated in the report, which also put his own role in the spotlight.
In fact, had this not been Fiji, Rabuka would have had to do the walk of shame to the president (who was also implicated) and tender his and his government’s resignation as a matter of ethics and moral principles. He would have immediately recommended the suspension and/or removal of people in the judiciary including the DPP. But this being Fiji, and ignoring the fact that a few million dollars of taxpayer funds had been spent on the COI, Rabuka has chosen to look the other way and pretend he knew nothing about the other items mentioned in the report. In fact, in Rabukas mind’s eye, he believes he has already acted on the recommendations of the COI report and doesn’t need to look at it any further.
But the reality is that the COI findings haven’t been implemented as the people of Fiji were led to believe. While the report is currently with the Police who have been tasked with analysing it and recommending charges, the real whitewash has only started.
Anyone who truly knows the Police Commissioner knows that the case being built up by the Police is a weak one and has been deliberately created as such so when it goes to the DPP, it will lack the strength to stand up in court or even proceed for any prosecution. The DPP and the Deputy DPP who have also been implicated have not stood aside and will ensure the case is never going to make it to Court.
Once again, Rabuka will use procedural and weak legal opinions to state he can’t do anything as he received advice from his so called advisors. And so, the report will be shelved, never to see the light of day again. As far as Rabuka is concerned, his work is done and he can continue pretending there is nothing further for him to action, given his return to power in 2026 has been guaranteed.
For people like Leung and his ilk who choose to be dismissive of the COI report, people should realise that only those who have been outed in the report as con-artists and dubious characters will be the ones who are going to deny their actions. It is a well know fact that a burglar is usually the last person to admit his guilt, despite being caught red-handed with the stolen goods.
Leung had his five minutes in the sunshine and f**ked up.
He should have stuck to his original decision and not be swayed by his mates in the same ‘Kila Vata’ taxi.
As they say on the streets of Suva, “tabo tale o Van Damme” !
Moce Jo.
Graham wants to distance himself from his FijiFirst predecessor, but he comes across as just as pompous—pretentious, self-important, and full of inflated rhetoric.
Bloviating is what GL is doing.
Also known as a brain fart or senior moment. In his elitist circle, they might call it bluster. Poor Leung.
At least he has not done himself no further reputational damage because once a low life, he is always a low life.
What GL, WC, MK, BP, and BM are doing is making a mockery of themselves.
Accessing data unlawfully whilst on duty gets people arrested and sentenced in Australia. But DPP Fiji didnt see any issues with Malimali accessing and disseminating information to a third party without due process. This clowntree will never improve when shit like this goes by unpunished. I am so exhausted, GD, I don’t need to agree with Alex or support her but how are people in power getting away with so much shit.
Leung says a lot but couldn’t given legal advice to the Court when required? As a professional and expert to hold the post on AG, that too with over 40 years of experience, he shouldn’t be paying lawyers overseas to analyse Fijian laws. Leung also got his Affidavit witnessed by another lawyer within the AG’s office.
I am honestly tired of all this bullshit.
I know the feeling. 🙁
Why didn’t the former AG take his grievance to the Court? 40 years of experience and all the high posts he has held, wouldn’t it be better to fight it out in his professional arena being the Courts?
The simple answer to your question is that he would have to show and demonstrate how the findings of the COI were wrong in his case, and he knows he would be subject to examination and cross examination in an open court, under oath!
Justice Ashton-Lewis will have ensured his findings are defendable and sound prior to naming the former AG and Leung knows it.
Perhaps Leung himself is a tad wet behind ears after all.
The JSC Team should be terminated too, including judicial staff that were involved illegally. Rashna
The lady doth protest too much, methinks.
Fiji’s Courts and the DPP need a major cleanup but … fat chance of that happening!
But Graham, what of Barb?
Where to now for her?
Will the case against her proceed now that the COI is out?
Will this clear the way for FICAC to pursue their original investigation against her?
It’s a vipers nest everywhere you turn.
Have you seen this (pay wall): WHAT ?? …not a joke ?
https://www.nzherald.co.nz/business/fijis-path-to-equality-offers-lessons-for-new-zealands-race-debate-richard-prebble/OWUZJZBKMZCN7ALJAPN75JIZ4Q/#google_vignette
Best regards,
Axel
This guy is a former ACT Party member.
No one gives two cents worth to anything ACT party people say or do.
They are the George Speights of New Zealand.
The current leader, Seymour, is against everything indigenous and is part of the Atlas Group. He is as dangerous as the Ligairi’s and Trumps of the world.
I am a bit confused here.
This so called COI report only was for this government or for previous government as well.
FICAC Commissioner has always been a issue from day one.
No one pointed fingers when a unqualified military man was the head of FICAC when established.
Than down the line there were few more hand picked ones.
Once Fijileaks was reporting and putting up documentation of proof for some members of previous government not declaring full ownership of assets and shares.
This time the drums are bigger to beat and sound is louder and ofcourse no one will be taken to Delainabua, if you speak out.
So it’s one all
Draw game.
Aslam, you are definitely confused.
The COI was instigated by the current PM to specifically look into the circumstances surrounding the appointment of Barbara Malimali as head of FICAC.
There is a big difference between this particular appointment compared to previous ones.
No previous Head of FICAC was being investigated by FICAC when they got appointed.
Also, the previous governments made decisions and stuck by it. Didn’t second guess themselves and called an enquiry.
This whole saga is self-inflicted. The PM did not need to call for an enquiry. All he had to do was ensure Malimali was relieved from her position once he found out she wasn’t suitable for the job.
Although the position is a JSC appointment, we all know that all these appointments are influenced by government. She should not have been appointed in the first place.
The PM should have known that she was being investigated by FICAC. Everybody knew. If he didn’t, then his AG should have advised him against the appointment.
That AG has paid the price for his blunder.
This saga also clearly tells us that the government machinery is dysfunctional. They have cabinet meetings, ministerial briefings, council meetings, all kinds of meetings where information is supposed to be shared and the PM informed of everything.
Maybe he is just too busy travelling overseas.
Or maybe he just couldn’t care less.
I am starting to think the latter.
Mr Davis – you really talk rubbish – you have no control on Fiji and your crap just helps my leader Manoa – you keep going as Mr Rabuka is the only one scared, we will have a new leader soon and status quo will prevail GD – you will never come to Fiji again and we will run Fiji as we want – wake up from your hangover and see the difference that Manoa and Ann can make – Rambo is dead soon, Bai & Kai in jail, the poofter military leader muted and you barking from the outside – we will win and you will have another 4 years of talking shit – if you are alive – dare you to print this, white boy.
This is an example of baiting. By a Rabuka supporter pretending to be pro Manoa. To bait GD and Grubsheet readers into attacking Manoa and Anne. A form of reverse psychology. Drawing attention away from Graeme Leung in order to target Manoa. Clever, but not so clever.
Pure Fijian must go get more soap and return to playing with him/ herself to keep him/herself entertained.
A very poor attempt at “Look, squirrel.” What a klutz.
Pure Fijian, you are a disgrace to human beings.
Prejudiced, bigoted and racist all in one paragraph. You hit the jackpot there.
You might want to go check how pure Fijian your heroine Ann is.
Don’t hate on Pure Fijian – only speaking the truth – Manoa the man and Ann is our future First Lady.
Mr. Graham Leung’s desperate attempts to defend his innocence only deepen public doubt.
By questioning the credibility of the Commission of Inquiry (COI) report, he reveals not strength but fragility — and a startling lack of legal judgment.
As Attorney-General of Fiji, Mr. Leung should have upheld the rule of law with integrity.
Instead, he has shown himself to be a political operative — serving interests, not justice.
His failure to properly advise the Acting Chief Justice on Barbara Malimali’s appointment, despite knowing she was under FICAC investigation, is not just a lapse — it’s a breach of duty.
Even more troubling, he gave more weight to advice from Ms. Atu Bain, an Electoral Commissioner than from legal authority Pulewai. Initially, he may have advised delay in the appointment — yet he swiftly reversed course, clearing the way for Ms. Malimali’s appointment, which was executed by Mr. Temo without hesitation.
When the President sought clarification, Chief Registrar Bainivalu said “nothing to worry about” — an irresponsible statement.
The CR is not the President’s legal adviser and should have deferred pending proper checks.
Mr. Leung’s own words — “I just signed off, nothing to worry” — are shockingly unprofessional. As AG and chief legal adviser to the government, he should have flagged the FICAC investigation before giving clearance.
The COI has rightly recommended Mr. Leung be referred to the Fiji Law Society (FLS) for unethical conduct. Yet under Mr. Wylie Clarke, the FLS appears highly compromised and inert. Clarke must step aside for the sake of accountability.
Unless action is taken against those at the highest levels — the Chief Justice, Chief Registrar, ODPP, FICAC officials — the public should not expect justice. People like Atu Bain and other ECF Commissioners should not have interfered, as there are there for specific purposes and not for giving advice on appointments in FICAC. They need to be removed as well.
This is a web of mutual protection, not legal integrity.
Justice demands more than statements. It demands consequences.
Siromi and Graham are the worst AGs that Fiji have had. Totally ineffective and full of themselves.