Salesi Temo, the chair of the Judicial Services Commission, has stated that there was nothing inappropriate regarding the appointment of Barbara Malimali as the new commissioner for the Fiji Independent Commission Against Corruption (FICAC).
In a statement released on Friday, Temo referenced Section 5(1) of the FICAC Act 2007, which mandates that the president appoint the commissioner based on the Judicial Services Commission’s recommendation, after consulting with the Attorney General.
He noted that the position had been vacant since Rashmi Aslam’s resignation on August 30, 2023. Ms. Pulewai, a former prosecutor at FICAC who was working in Nauru, was appointed to temporarily head FICAC on November 16, 2023, while the search for a permanent commissioner continued.
The search for a new commissioner began on June 15, 2023, when the position was advertised. It was re-advertised on July 13, leading to eight new applications, with six candidates shortlisted. A panel made up of Temo, Acting Permanent Secretary of Justice Ropate Green, and Acting Chief Magistrate Josaia Waqaivolavola conducted interviews on August 20 and 21, during which they asked 11 questions designed to assess the candidates’ leadership skills, problem-solving abilities, and knowledge of criminal law.
Among the candidates, Ms. Malimali achieved the highest score with 141 points out of a possible 165. The second candidate scored 131, the third received 126, and the fourth obtained 118 points. Temo reported that the panel recommended Malimali for the position to the Judicial Services Commission, which concurred with the recommendation on August 28.
The Attorney General was consulted on September 2, and on September 4, the JSC recommended Malimali to the president, who made the appointment effective September 5.
On the same day, the JSC learned that Malimali had been arrested and detained at FICAC’s headquarters, allegedly under the orders of Ms. Pulewai. Consequently, the JSC convened a meeting to address potential violations of Sections 7(1) and 10(1) of the FICAC Act. Temo asserted that the Deputy Commissioner could not assume the commissioner’s powers if she was present at FICAC headquarters and emphasized that no officer could order an arrest without the commissioner’s authority.
During the meeting, Pulewai agreed to resign on September 5, 2024, and the JSC accepted her resignation, now awaiting endorsement from the president. Temo mentioned that any allegations of abuse of office against Malimali would be subject to legal proceedings, indicating that he views the claims as questionable, especially given that the arrest was orchestrated by an unsuccessful candidate for the commissioner position.