Salesi Temo, the chair of the Judicial Services Commission, has asserted that the appointment of Barbara Malimali as the new commissioner of the Fiji Independent Commission Against Corruption (FICAC) was proper and without any misconduct.
In a statement released on Friday, Temo 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 Judicial Services Commission, after consulting with the Attorney General.
Temo noted that the commissioner’s position had been open since Rashmi Aslam’s resignation on August 30, 2023. On November 16, 2023, the JSC appointed Ms. Pulewai, a former FICAC prosecutor who had been working in Nauru, to lead FICAC temporarily while searching for a permanent commissioner.
He explained that the recruitment process began on June 15, when the commissioner’s position was first advertised, followed by a re-advertisement on July 13 that attracted eight additional applications. Six candidates were shortlisted, and an interview panel, including Temo, Acting Permanent Secretary of Justice Ropate Green, and Acting Chief Magistrate Josaia Waqaivolavola, assessed the candidates on August 20 and 21 with a detailed set of questions relating to leadership and legal expertise.
Out of a possible 165 points, Ms. Malimali achieved the highest score of 141, followed by the next highest applicant with 131 points. The panel then recommended her to the JSC, which approved the nomination on August 28. The Attorney General was consulted on September 2, and Ms. Malimali was formally appointed by the President on September 5.
On the same day, it was reported that Ms. Malimali was arrested at FICAC headquarters under the direction of Ms. Pulewai. The JSC promptly convened a meeting to address this matter, recognizing potential violations of the FICAC Act.
Temo emphasized that the Deputy Commissioner cannot exercise the powers of the commissioner if the commissioner is present at headquarters and that no FICAC officer is authorized to make arrests without a warrant or the commissioner’s permission. During the meeting, Ms. Pulewai agreed to resign from FICAC, and the JSC is now waiting for the President’s endorsement of her resignation.
In light of the allegations against Ms. Malimali, Temo stated that the legal process will be respected, considering the circumstances of the case. He expressed that the fact that Ms. Pulewai, who was not selected for the commissioner position, orchestrated the arrest raises doubts about the legitimacy of the allegations.