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). Mr. Temo stated that the legal process should proceed accordingly.
Currently, Ms. Malimali is under investigation by FICAC for alleged abuse of office during her tenure as chairperson of the Electoral Commission. Mr. Temo emphasized that she has not yet been charged and is presumed innocent until proven guilty, a right afforded to every citizen.
He also pointed out that the circumstances of her arrest and detention, being carried out by Francis Puleiwai—who was a contender for the commissioner role—raise questions about the legitimacy of the allegations.
The position of FICAC Commissioner has been vacant since the resignation of Rashmi Aslam from Sri Lanka on August 30, 2023. Mr. Temo highlighted that after interviewing Puleiwai, a former FICAC prosecutor, the JSC recommended her as Acting Deputy Commissioner on November 8, 2023, following a consultation with the Attorney-General.
The Commissioner’s position was advertised on June 15, 2024, attracting fifteen applicants. However, the JSC decided to re-advertise in search of a credible and experienced litigation lawyer. This led to an additional eight applications received by July 13, 2024, and six candidates were shortlisted.
On August 20 and 21, a panel including Mr. Temo, Acting Permanent Secretary of Justice/Solicitor-General Ropate Green, and Acting Chief Magistrate Josaia Waqaivolavola conducted interviews with the shortlist. Mr. Temo noted that after consulting Attorney-General Graham Leung on September 2, the JSC recommended Ms. Malimali for the role to President Ratu Wiliame Katonivere on September 4.