(1) Radio New Zealand International
Head of Fiji’s Independent Commission against Corruption to remain head of LAWASIA
Posted at 01:33 on 26 May, 2007 UTC
The newly appointed commissioner of the Fiji Independent Commission Against Corruption , Mah Weng Kwai of Malaysia, says he will remain the president of the Law Association for Asia and the Pacific.
As well, Mr Kwai has told the Fiji Times he will maintain his law practice in Kuala Lumpur.
He says he did not apply for the job but was offered it and accepted because of concern about allegations of corruption.
Mr Mah says he deems his appointment valid and questions about the validity of the commission would be best dealt with by the courts.
He says there is a need for foreigners to take up the reigns at the anti-corruption commission because they are not connected to local politics.
(2) Fiji Times
Front page / News
I didnt apply, says new FICAC chairman
FREDERICA ELBOURNE
Saturday, May 26, 2007The new commissioner of the Fiji Independent Commission Against Corruption, Mah Weng Kwai, said he did not apply for the post but was instead asked by interim Attorney-General Aiyaz Sayed-Khaiyum to take up the post.
Speaking from Tel Aviv, in Israel, yesterday, Mr Kwai, who is president of Lawasia, said his appointment to the commission was in his personal capacity and had nothing to do with the regional legal body he headed, nor did it compromise Lawasia.
He was, however, wary of the fact that he headed Lawasia and governed its interests in the Asia and Pacific region.
“I recognise the role played by Lawasia in the Asia-Pacific region. My thinking is there is a need for a response to allegations of corruption and if FICAC is one way for it to be done, then it doesnt compromise my position in Lawasia,” Mr Kwai said.
He said there was a distinction between Lawasia and his appointment to the commission because it was a personal matter.
Mr Kwai said remuneration was yet to be discussed with Mr Sayed-Khaiyum and that he did not expect to draw much from it.
He said he first met Mr Sayed-Khaiyum during a Lawasia observer mission to Fiji earlier this year and was later asked if he wanted he job.
He (Mr Sayed-Khaiyum) has been a member of Lawasia. Ive known of him as a lawyer. I first met him during our observer mission to Fiji earlier this year.
He said his role as commissioner would be as supervisor and he would not be coming to Fiji for long periods of time.
He will maintain his role as president of Lawasia and operate his legal firm, Mah Weng Kwai and Associates, in Kuala Lumpur, while he heads the anti-corruption commission.
Mr Kwai said he would be in Fiji in late June-July as he was attending the Israel Bar Association annual general meeting which would be followed by the Lawasia biannual conference in Hong Kong.
He said his appointment stemmed out of concern over allegations of corruption in the country.
Mr Kwai said he wished to contribute in whatever small way to the commission if there was a need for someone who was totally unconnected to Fiji.
He said he deemed his appointment valid and questions of the validity of the commission were another matter that would be best dealt with by the court.
“I’ve been requested to do a job in Fiji. I haven’t been told if there is a salary. This is not a full time job for me,” he said.
“I believe a deputy commissioner will be appointed soon, a foreigner.”
Mr Kwai said the need for foreigners to take up the reigns at the commission because they were not connected to local politics.
I am totally open-minded and unbiased and Id like to get on with the job under FICAC law, he said.
He said the observer mission stemmed out of concern for the rule of law and order in Fiji.
He was president of the Malaysian Bar from 2001-2003.
Mr Kwai said he would not consider re-election when his annual term expires in October.In an earlier interview, Mr Sayed- Khaiyum said the President, Ratu Josefa Iloilo, appointed Mr Kwai under the commission against corruption promulgation.
He said it was the Presidents prerogative.
He said Mr Kwai brought in a wealth of experience, was of international standing and a leading member who served in the Malaysian Bar and the International Bar Association.
Mr Sayed-Khaiyum said Mr Kwai brought with him many contacts.
Mr Kwais appointment is for five years.
He said in similar commissions like Australia, New Zealand and Hong Kong, prosecution comes about after years of being set up following quite a lot of background work, evidence gathering on corruption.
“Comparatively speaking, the commission is doing very good work, obviously not all the information is being made available, until there is sufficient evidence for charges to be laid. When you compare the jurisdictions of those commissions, the work does take some time,” Mr Sayed-Khaiyum said.
He said Mr Kwais appointment was expected to expedite the work of the commission, which has been using solicitors overseas.
“We have a solicitor from New Zealand who is working on the collation of evidence gathered by investigation teams,” Mr Sayed-Khaiyum said.
He said advertisements on the required expertise would be made in due course.
A statement by Lawasia late last year condemned the actions of the Fiji military in removing the democratically elected government from power and called for a quick return to parliamentary rule.
Congrats to Mah Weng Kwai on his appointment, although it is a matter of concern that there is some confusion in Fiji between Malaysia and Melanesia, in the following May 24 online posting from fijilive,
“Law Asia President appointed Fiji corruption chief” which said:
Law Asia President appointed Fiji corruption chief
Thursday May 24, 2007
The President of Law Asia, Mah Weng Kwai, is the newly appointed Commissioner for the Fiji Independent Commission Against Corruption (FICAC).
In a press conference today, interim Attorney General Aiyaz Sayed-Khaiyum said that Fiji’s President Ratu Josefa Iloilo made the appointment as provided for under the Fiji Independent Commission Against Corruption Promulgation 2007.
Law Asia is an organisation whose representatives came to Fiji recently on a fact-finding mission and gave its report.
“Kwai brings an immense wealth of experience as he is a person of international standing,” said Sayed-Khaiyum.
“He is also the leading member of the Melanesian bar.
Sayed-Khaiyum said that Kwai has worked previously as the prosecutor for Prosecuting Corruption in Melanesia. He is also a member of the International Bar Association.
He went further to say that Kwai’s appointment is for a period of five years and he is looking forward to Kwai’s arrival to take up the post.
“He has obviously been talking to us and the President has thought of it to appoint someone of his international standing as the commissioner for the commission.
“The Commissioner will be working together with the Acting Deputy Commissioner for the Commission, deputy Fiji army commander Esala Teleni.
“He will also bring with him a lot of contacts and as we have continually said we are in the process of taping our resources from other competent jurisdictions,” said Sayed-Khaiyum.
According to Sayed-Khaiyum, one of them is Hong Kong and “we hope to be in Hong Kong early next month to talk to the commission there”.
“We are also in the process of trying to negotiate through Kwai’s assistance with the resources been facilitated by either way of knowledge or indeed resources from Melanesia and Singapore,” he said.
The interim Attorney General said that there has been a lot of publicity about the Commission’s work especially in terms of the speed at which the investigations are proceeding.
“If you look at the experience and if people were to venture out off Fiji and look at the experience of the various commissions that have been set up for example in Australia and New Zealand and Hong Kong, most of these commissions have been able to bring about successful prosecutions only after months if not years of being set up,” he said.
Sayed-Khaiyum said the Commission has done a lot of background work, evidence gathering in corruption and white-collar crime.
“It does require a collation of information of evidence, the current laws under the panel code has very high standard. So those standards need to be met,” he said.