The Chair of the Judicial Services Commission (JSC) and Acting Chief Justice Salesi Temo has defended the selection of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC). Temo emphasized the importance of allowing the law to take its course.
Currently, Malimali is under investigation by FICAC for alleged abuse of office during her tenure as chairperson of the Electoral Commission. Temo noted that she has not been charged and maintains her presumption of innocence, similar to any citizen.
He pointed out that the circumstances surrounding Malimali’s arrest and detention, carried out by Francis Puleiwai—who contested for the Commissioner position but was unsuccessful—raises questions about the credibility of the allegations.
The Commissioner role had been vacant since the resignation of Rashmi Aslam from Sri Lanka on August 30, 2023. Temo noted that after interviewing Puleiwai, the JSC recommended her appointment as Acting Deputy Commissioner of FICAC after consulting the Attorney-General on November 8, 2023.
On June 15, 2024, the search for a new Commissioner was initiated, attracting fifteen applicants. However, the position needed to be re-advertised as the JSC sought a credible and experienced litigation lawyer. A second round led to eight additional applications, and six candidates were shortlisted.
A panel comprising Acting Chief Justice Salesi Temo, Acting Permanent Secretary of Justice/Solicitor-General Ropate Green, and Acting Chief Magistrate Josaia Waqaivolavola conducted interviews for the shortlisted applicants on August 20 and 21, 2024. Following consultations with Attorney-General Graham Leung on September 2, the JSC recommended Barbara Malimali for the Commissioner role to President Ratu Wiliame Katonivere on September 4.