Kumar Questions Legitimacy of Judicial Appointments

Opposition MP Hon. Premila Kumar is calling for a full, independent review of judicial appointments made under the leadership of Chief Justice Salesi Temo and former Attorney General Graham Leung, saying the Commission of Inquiry has revealed a "legal system in crisis."

In a strongly worded statement, Kumar said the Commission has exposed more than just one flawed appointment, pointing to a broader breakdown in professionalism and accountability within the Judicial Services Commission (JSC).

“The Judicial Services Commission didn’t just fail to follow the law — they damaged the credibility of the entire justice system,” Kumar said.

She referred to revelations from the former President’s testimony, which confirmed that Barbara Malimali’s appointment was rushed, prompting questions about why normal vetting processes were ignored.

“Why the urgency? Why were checks bypassed and procedures bent? These are serious questions,” Kumar said, adding that the Chief Registrar, who had no constitutional role as an advisor, reportedly told the President there was “nothing to worry about.”

Kumar was particularly critical of former Attorney General Graham Leung’s casual response to the matter, highlighting his comment, “I just signed off”.

“This is a confession of dereliction of duty. When public trust is at stake, shrugging off responsibility is not an option,” she said.

She also took aim at Chief Justice Temo, who allegedly approved the appointment based on a phone call and personal opinion from the former AG — without reference checks or background screening.

“Since when has personal preference been a substitute for objective, merit-based evaluation?” Kumar questioned.

She also noted that neither the Chief Justice nor the former AG appeared aware that Malimali was banned from practicing law in Tuvalu, despite disciplinary records being publicly accessible.

Kumar warned that the credibility of every appointment made by the JSC during this period is now in doubt — from magistrates and judges to senior legal officials in the DPP’s Office, particularly following the removal of Crystopher Pryde.

“This isn’t just about one bad appointment. It’s about whether the entire system was compromised by cronyism, carelessness, and cover-ups,” she said.

Kumar is urging for a full, independent review of all appointments made by the JSC under Chief Justice Temo and former AG Leung, stating that public confidence in the rule of law cannot be restored without accountability.

“If those who lead our legal institutions cannot uphold the law or meet basic standards of professionalism, they cannot be trusted to serve in those roles,” she said.