Salesi Temo, the chair of the Judicial Services Commission (JSC), has stated that there were no irregularities in the appointment of Barbara Malimali as 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 upon the JSC’s recommendation and after consulting the Attorney General.
Temo noted that the commissioner’s position had been vacant since Rashmi Aslam’s resignation on August 30, 2023. Subsequently, the JSC appointed Ms. Pulewai, a former FICAC prosecutor who was working abroad in Nauru, to serve as acting commissioner starting November 16, 2023. The JSC intended for her to lead FICAC temporarily while a new commissioner was being appointed.
On June 15, the JSC publicly advertised the commissioner’s position, which was re-advertised on July 13, resulting in eight new applications and six candidates being shortlisted. A selection panel, including Temo, Acting Permanent Secretary of Justice Ropate Green, and Acting Chief Magistrate Josaia Waqaivolavola, conducted interviews with the six shortlisted candidates on August 20 and 21. They evaluated the candidates’ leadership abilities, problem-solving skills, and knowledge of legal practices, among other criteria.
Ms. Malimali achieved the highest score of 141 out of a possible 165 points, surpassing other candidates. The panel recommended her appointment to the JSC, which met on August 28, agreeing with the recommendation. After consulting the Attorney General on September 2, the JSC submitted their recommendation to the President, who appointed Ms. Malimali on September 5.
On the same day, Temo reported that Ms. Malimali was arrested and detained at FICAC headquarters under the orders of Ms. Pulewai. The JSC convened a meeting to address the situation, expressing concerns that Section 7(1) and 10(1) of the FICAC Act may have been breached. Temo highlighted that the Deputy Commissioner cannot exercise the commissioner’s authority if present at headquarters and that FICAC officers do not have the power to arrest a suspect without a warrant and without the commissioner’s approval.
During the meeting, Ms. Pulewai agreed to resign from FICAC effective September 5, 2024, a decision accepted by the JSC, which is now seeking the President’s endorsement of this resignation. Regarding allegations of office abuse against Ms. Malimali by FICAC, Temo stated that the legal process would take its course. He also noted that the circumstances surrounding Ms. Malimali’s arrest, which was orchestrated by Ms. Pulewai, an unsuccessful applicant for the commissioner role, raises doubts about the validity of the allegations.