The Chair of the Judicial Services Commission (JSC) and Acting Chief Justice Salesi Temo has defended the decision to appoint Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC).
Mr. Temo stated that the law should take its course in this matter. Ms. Malimali is currently under investigation by FICAC for allegations of abuse of office during her tenure as chairperson of the Electoral Commission. He emphasized that she has not yet been charged and is presumed innocent until proven guilty.
He also pointed out that the circumstances regarding her arrest by Ms. Puleiwai, an unsuccessful candidate for the Commissioner role, raise questions about the credibility of the allegations.
Mr. Temo noted that the significant position had been vacant since the resignation of Rashmi Aslam from Sri Lanka on August 30, 2023. He disclosed that after interviewing Francis Puleiwai, a former FICAC prosecutor, the JSC recommended her for the role of Acting Deputy Commissioner of FICAC on November 8, 2023, following a consultation with the Attorney-General.
The Commissioner’s position was advertised on June 15, 2024. According to Mr. Temo, there were fifteen applicants, leading to the decision to re-advertise the position as the JSC sought a credible and experienced litigation lawyer. He reported that after re-advertisement on July 13, 2024, an additional eight applications were received, with six candidates being shortlisted.
A panel, including Acting Chief Justice Salesi 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. Mr. Temo explained that the JSC consulted Attorney-General Graham Leung on September 2, and by September 4, they recommended to President Ratu Wiliame Katonivere that Ms. Malimali be officially appointed to the post.