Controversial Appointment: Chief Justice Defends FICAC Commissioner Amid Investigations

The Chair of the Judicial Services Commission (JSC) and Acting Chief Justice, Salesi Temo, has defended the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC). Temo emphasized that the process will allow the law to take its course.

Malimali is currently the subject of an active FICAC investigation concerning allegations of abuse of office during her tenure as chairperson of the Electoral Commission. Temo noted that she has not been charged with any offenses, underscoring her presumption of innocence until proven guilty. He expressed concern about the credibility of the allegations, pointing out that her arrest was conducted by Francis Puleiwai, a candidate who unsuccessfully sought Malimali’s current position.

Temo highlighted that the significant role had been unfilled since the resignation of Rashmi Aslam from Sri Lanka on August 30, 2023. He mentioned that after interviewing Puleiwai, who was then in Nauru, the JSC recommended her as Acting Deputy Commissioner of FICAC on November 8, 2023, following consultations with the Attorney-General.

On June 15, 2024, the position of Commissioner was advertised, attracting fifteen applicants. However, the JSC agreed to re-advertise the post to find a credible and experienced litigation lawyer. Following this, eight additional applications were submitted, and six candidates were shortlisted. A panel that included Temo, Acting Permanent Secretary of Justice/Solicitor-General Ropate Green, and Acting Chief Magistrate Josaia Waqaivolavola conducted interviews on August 20 and 21, 2024.

Consultations with Attorney-General Graham Leung took place on September 2, and on September 4, the JSC recommended to President Ratu Wiliame Katonivere that Malimali be appointed to the position.

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