Chief Justice Salesi Temo has characterized the arrest of Barbara Malimali as a “coup d’état,” further escalating the controversy surrounding her recent appointment as Commissioner of the Fiji Independent Commission Against Corruption (FICAC). This assertion was made during his testimony at a Commission of Inquiry (CoI), following Malimali’s arrest on the very day she started her role on September 5, 2024.
In the CoI report released recently, CJ Temo indicated that the arrest represented a significant breach of protocol by Acting Deputy Commissioner Francus Puleiwai, who allegedly did not adhere to the established chain of command and should have consulted the Chief Registrar and the Judicial Services Commission (JSC) before acting. Temo highlighted that there are three formal allegations against Puleiwai: unlawfully assuming the Commissioner’s powers, ordering Malimali’s arrest without a warrant, and insubordination.
Moreover, during his testimony, Temo criticized Puleiwai’s refusal to disclose the identity of the complainant in Malimali’s case, labeling her lack of cooperation as a fundamental flaw in the inquiry process. The Attorney General had initially advised pausing the recommendation for Malimali’s appointment upon learning of the unfolding investigation but later authorized the appointment.
Notably, CJ Temo confirmed that he did not obtain formal references for Malimali, opting instead to rely on his observations of her 15 years of service in criminal courts in Fiji, which he felt qualified her for the FICAC role.
This arrest has raised substantial questions regarding its legitimacy, especially given Puleiwai’s unsuccessful bid for the commissioner position. As the situation develops, the focus will remain on how these events will affect the future of leadership within FICAC and the integrity of the proceedings against Malimali.
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