Controversial Appointment: JSC Chair Defends Malimali Amid Investigations

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

Malimlai is currently under investigation by FICAC for alleged abuse of office during her tenure as chairperson of the Electoral Commission. Temo asserted that she has not yet been charged and, like any citizen, is presumed innocent until proven guilty. He also noted that the circumstances surrounding her arrest and detention, conducted by Francis Puleiwai—who was an unsuccessful candidate for the commissioner position—raise questions about the validity of the allegations.

The significant role of FICAC Commissioner became vacant following the resignation of Rashmi Aslam from Sri Lanka on August 30, 2023. Temo disclosed that the JSC, after interviewing Puleiwai, who had previously been a FICAC prosecutor and was then working in Nauru, recommended her as Acting Deputy Commissioner 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 felt it necessary to re-advertise the position, seeking a credible and experienced litigation lawyer. On July 13, 2024, the position was re-advertised, leading to eight additional applications, six of which were shortlisted.

A panel consisting of Acting Chief Justice Salesi Temo, Acting Permanent Secretary of Justice/Solicitor-General Ropate Green, and Acting Chief Magistrate Josaia Waqaivolavola interviewed the shortlisted candidates on August 20 and 21, 2024. Following consultations with Attorney-General Graham Leung on September 2, the JSC recommended Barbara Malimlai for the role to President Ratu Wiliame Katonivere on September 4.

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