The Chair of the Judicial Services Commission (JSC) and Acting Chief Justice, Salesi Temo, has defended the appointment of Barbara Malimali as the Commissioner of the Fiji Independent Commission Against Corruption (FICAC). Temo emphasized that the legal process should proceed independently.
Malimali is currently under investigation by FICAC for alleged abuse of office during her tenure as chairperson of the Electoral Commission. Temo noted, “As of now, she has not been charged and, like every citizen of this country, is presumed innocent until proven guilty.” He also raised concerns about the investigation’s credibility, given that the arrest and detention of Malimali were carried out by Francis Puleiwai, who unsuccessfully sought the Commissioner post herself.
Temo mentioned that the position had been vacant since Rashmi Aslam of Sri Lanka resigned on August 30, 2023. Following interviews with Puleiwai, a former FICAC prosecutor working in Nauru, the JSC recommended her as Acting Deputy Commissioner of FICAC after consulting with the Attorney-General on November 8, 2023.
The Commissioner’s position was advertised on June 15, 2024, attracting fifteen applications. After determining that the role needed to be re-advertised for a credible, experienced litigation lawyer, the JSC published a new advertisement on July 13, 2024, which garnered eight additional applications. Six candidates were shortlisted for interviews conducted by a panel including Temo, Acting Permanent Secretary of Justice/Solicitor-General Ropate Green, and Acting Chief Magistrate Josaia Waqaivolavola on August 20 and 21, 2024.
Consultations with Attorney-General Graham Leung took place on September 2, and by September 4, the JSC advised President Ratu Wiliame Katonivere to appoint Malimali to the position.