Salesi Temo, the chair of the Judicial Services Commission, has asserted that there were no irregularities in the selection of Barbara Malimali as the new commissioner for the Fiji Independent Commission Against Corruption (FICAC).
In a statement released on Friday, Temo referred to Section 5(1) of the FICAC Act 2007, which stipulates that the commissioner is appointed by the President based on recommendations from the JSC, after discussions with the Attorney General.
He noted that the commissioner position had remained vacant since Rashmi Aslam resigned on August 30, 2023. In the interim, the JSC appointed Ms. Pulewai, a former FICAC prosecutor, who was in Nauru, on November 16, 2023.
Temo explained that the intention was for Pulewai to lead FICAC temporarily while a permanent commissioner was being appointed. The JSC published the job vacancy on June 15, which was re-advertised on July 13, receiving eight additional applications, with six candidates shortlisted.
Interviews for the shortlisted candidates were conducted by a panel comprising Temo, Acting Permanent Secretary of Justice Ropate Green, and Acting Chief Magistrate Josaia Waqaivolavola on August 20 and 21. The candidates were evaluated on various criteria including leadership, problem-solving, and knowledge of criminal law.
Malimali emerged as the top scorer with 141 points out of a possible 165, while the closest competitor scored 131 points. The panel submitted its recommendation for Malimali’s appointment to the JSC, which endorsed the decision on August 28. Temo mentioned that the Attorney General was consulted on September 2, leading to Malimali’s official appointment on September 5.
On the same day, Temo revealed that Malimali had been arrested at the orders of Pulewai, and prompted the JSC to convene to address potential violations of the FICAC Act. Temo emphasized that the Deputy Commissioner does not hold the same authority as the commissioner, especially in the context of arrests, which must be sanctioned by the commissioner.
During the meeting, Pulewai agreed to resign from her position, a decision that the JSC accepted, pending formal endorsement from the President. Regarding allegations of misconduct against Malimali, Temo stated that the legal process will take its course.
The Acting Chief Justice remarked that the claims against Malimali, particularly since they were initiated by Pulewai, an unsuccessful candidate for the commissioner role, raise doubts about their credibility.