Salesi Temo, chair of the Judicial Services Commission, stated that there was nothing inappropriate regarding the appointment of Barbara Malimali as the commissioner of the Fiji Independent Commission Against Corruption (FICAC).
In a statement released on Friday, the Acting Chief Justice referenced Section 5(1) of the FICAC Act 2007, which stipulates that the commissioner is appointed by the President based on the recommendation of the JSC, in consultation with the Attorney General.
Temo noted that the commissioner position had been vacant since Rashmi Aslam’s resignation on August 30, 2023. Afterward, the JSC appointed Ms. Pulewai, a former FICAC prosecutor working in Nauru, to lead FICAC on an interim basis on November 16, 2023.
He explained that the JSC intended to have her in charge temporarily while they awaited the new commissioner. On June 15 this year, the position was advertised and subsequently re-advertised on July 13, leading to the receipt of eight additional applications and six candidates being shortlisted.
A panel composed of Temo, Acting Permanent Secretary of Justice Ropate Green, and Acting Chief Magistrate Josaia Waqaivolavola interviewed the six candidates on August 20 and 21, asking questions that assessed their leadership abilities, problem-solving skills, and knowledge of criminal law, among other areas.
Ms. Malimali emerged as the top candidate with a score of 141 out of a possible 165, surpassing the next highest applicant with 131 points, while the third and fourth candidates scored 126 and 118 points, respectively.
Temo reported that the panel recommended Malimali for the FICAC commissioner position to the JSC, which concurred with this recommendation on August 28. Following consultation with the Attorney General on September 2, the JSC presented its recommendation to the President, who appointed Malimali on September 5.
On the same day, the JSC was informed that, under orders from Ms. Pulewai, Malimali had been arrested and detained at FICAC headquarters. As a result, the JSC convened a meeting at 2:30 PM on September 5 to address potential violations of Sections 7(1) and 10(1) of the FICAC Act.
Temo emphasized that the Deputy Commissioner cannot take on the powers of the commissioner in her presence at FICAC headquarters, and no officer can order an arrest without a warrant or the commissioner’s authority. During the meeting, they presented these concerns to Ms. Pulewai, who agreed to resign from FICAC on September 5, 2024. The JSC accepted her resignation and is now seeking confirmation from His Excellency.
Regarding the allegations of abuse of office against Malimali, Temo stated they would let the legal process take its course. He also pointed out that Ms. Pulewai’s orchestration of Malimali’s arrest – given her failure to secure the commissioner position – raises doubts about the credibility of the allegations.