The Chair of the Judicial Services Commission (JSC) and Acting Chief Justice Salesi Temo has defended the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC). Mr. Temo asserted that the situation should allow the law to take its course.
Barbara Malimali is currently under investigation by FICAC for alleged abuse of office during her tenure as chairperson of the Electoral Commission. Mr. Temo emphasized that until charges are formally brought against her, she is presumed innocent, just like any other citizen of the country.
He noted that the circumstances surrounding Ms. Malimali’s arrest and detention, which were executed by Francis Puleiwai—who was an unsuccessful candidate for the Commissioner position—raise questions about the credibility of the allegations.
Mr. Temo also mentioned that the position of Commissioner had been vacant since Rashmi Aslam’s resignation on August 30, 2023. He explained that after interviewing Ms. Puleiwai, who had previously worked as a FICAC prosecutor and was then in Nauru, the JSC recommended her as Acting Deputy Commissioner on November 8, 2023, following consultations with the Attorney-General.
The JSC advertised the Commissioner’s position on June 15, 2024, attracting fifteen applicants. Due to the need for a more qualified candidate, they decided to re-advertise the role on July 13, 2024, receiving eight additional applications and short-listing six candidates.
A panel comprising Acting Chief Justice Temo, Acting Permanent Secretary of Justice/Solicitor-General Ropate Green, and Acting Chief Magistrate Josaia Waqaivolavola interviewed the shortlisted candidates on August 20 and 21, 2024. On September 2, the Attorney-General Graham Leung was consulted, and by September 4, the JSC recommended to President Ratu Wiliame Katonivere that Ms. Malimali be appointed to the position.