The Chair of the Judicial Services Commission, Salesi Temo, has stated that the appointment of Barbara Malimali as the commissioner of the Fiji Independent Commission Against Corruption (FICAC) was conducted properly and without any irregularities.
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 position had been vacant since Rashmi Aslam’s resignation on August 30, 2023. Subsequently, the JSC appointed Ms. Pulewai, a former FICAC prosecutor from Nauru, to temporarily lead FICAC while awaiting the new commissioner.
The commissioner position was first advertised on June 15 and re-advertised on July 13, resulting in a total of six shortlisted applicants after a comprehensive selection process. A panel comprising Temo, Acting Permanent Secretary of Justice Ropate Green, and Acting Chief Magistrate Josaia Waqaivolavola interviewed the six candidates over two days. Each candidate was evaluated on various competencies, achieving a maximum score of 165 points. Malimali received the highest score of 141 points.
On August 28, the JSC was informed of the panel’s recommendation for Malimali as the new FICAC commissioner. Following consultations, the Attorney General was brought into the process on September 2, and Malimali was officially appointed by the President on September 5.
On the same day, the JSC learned that Malimali had been arrested and held at FICAC headquarters under the direction of Ms. Pulewai. This prompted the JSC to convene a meeting to address potential violations of the FICAC Act. Temo asserted that the Deputy Commissioner cannot exercise the commissioner’s authority while she is present and that FICAC officers cannot arrest suspects without a warrant or the commissioner’s consent.
During the meeting, Pulewai agreed to resign from her role on September 5, 2024, a decision which was accepted by the JSC, which is now seeking the endorsement of the President. Temo indicated that any allegations of misconduct directed at Malimali would be handled through legal channels.
He added that Pulewai’s involvement in Malimali’s arrest raises suspicions about the validity of the allegations against her, given that Pulewai had been a candidate for the commissioner position but was unsuccessful.