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 stated that the law should take its course regarding the situation.
Malimali is currently under investigation by FICAC for alleged abuse of office during her tenure as chairperson of the Electoral Commission. “At this moment, she has not been charged and is presumed innocent until proven guilty, like any citizen in our country,” Temo remarked. He further suggested that the arrest and detention of Malimali, conducted by Francis Puleiwai—an unsuccessful candidate for the commissioner role—raises questions about the integrity of the allegations.
Temo noted that the significant position had been unoccupied since the resignation of Rashmi Aslam from Sri Lanka on August 30, 2023. He disclosed that following an interview with Puleiwai, who had served as a FICAC prosecutor and was later working in Nauru, JSC recommended her as Acting Deputy Commissioner of FICAC after consulting with the Attorney-General on November 8, 2023.
On June 15, 2024, the position of Commissioner was opened for applications. Temo explained that fifteen individuals applied, but the JSC decided to re-advertise the role to find a credible, experienced litigation lawyer. On July 13, 2024, they received eight additional applications and shortlisted six candidates.
A panel, including 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. After consulting Attorney-General Graham Leung on September 2, the JSC recommended Malimali for the position to President Ratu Wiliame Katonivere on September 4.