Judicial Services Commission chair Salesi Temo has affirmed that there were no irregularities in the appointment of Barbara Malimali as the Fiji Independent Commission Against Corruption (FICAC) commissioner. He made this statement in a release on Friday, referencing Section 5(1) of the FICAC Act 2007, which stipulates that the commissioner must be appointed by the President on the recommendation of the JSC, after consulting with the Attorney General.
Temo noted that the commissioner’s position was left vacant following Rashmi Aslam’s resignation on August 30, 2023. In the interim, the JSC appointed Ms. Pulewai, a former FICAC prosecutor, on November 16, 2023.
He explained that the JSC originally advertised the commissioner position on June 15, followed by a re-advertisement on July 13, which brought in eight additional applications, ultimately shortlisting six candidates. A panel, including Temo, Acting Permanent Secretary of Justice Ropate Green, and Acting Chief Magistrate Josaia Waqaivolavola, interviewed these candidates on August 20 and 21, posing 11 questions that assessed various leadership and legal competencies.
Ms. Malimali emerged as the top candidate, scoring 141 points against a total of 165, leading to the panel’s recommendation to the JSC, which was made on August 28. Following consultations with the Attorney General on September 2, the JSC formally recommended Ms. Malimali to the President, who appointed her on September 5.
However, on the same day, Temo revealed that Ms. Malimali had been arrested and detained at FICAC headquarters on the orders of Ms. Pulewai. The JSC convened a meeting to address these events, believing that sections of the FICAC Act had been violated. Temo emphasized that the Deputy Commissioner does not have the authority to act on behalf of the commissioner if she is at the headquarters and that no FICAC officer can issue an arrest warrant without the commissioner’s authorization.
During the meeting, Ms. Pulewai agreed to resign from her position effective September 5, 2024, a decision accepted by the JSC, which is now awaiting endorsement from the President. As for the allegations of misuse of office against Ms. Malimali, Temo stated that the legal process would be respected.
The Acting Chief Justice also pointed out that Ms. Malimali’s arrest, orchestrated by an unsuccessful candidate for the commissioner role, raises doubts about the legitimacy of the allegations.