“Fiji’s FICAC Commissioner Appointment Sparks Controversy and Questions”

Solicitor General Ropate Green has confirmed that the appointment process for Barbara Malimali as the Fiji Independent Commission Against Corruption (FICAC) Commissioner was free from political pressure or external influence. This declaration was made during a recent session of the Commission of Inquiry (CoI), as reported on Tuesday.

The appointment process began with the role being advertised on June 15, 2024, which attracted 15 applicants. Due to a desire for more qualified candidates, the Judicial Services Commission (JSC) opted to re-advertise the position on July 10, attracting a total of 23 applicants. A Selection Panel, which included Green, Chief Justice Salesi Temo, and Chief Magistrate Josaia Waqaivolavola, ultimately shortlisted four candidates for interviews.

Green affirmed that the JSC was not aware of any ongoing investigations into Ms. Malimali at the time of her appointment. He clarified that he learned of the investigation into her on the day of her arrest, September 5, 2024, and emphasized that no prior contact was made with FICAC to verify claims relating to her. Furthermore, the Attorney General was consulted on September 2, which was treated as a formality rather than advisory input in the appointment process.

Following Ms. Malimali’s appointment, she was arrested the same day under circumstances raised as questionable by JSC Chair Salesi Temo, noting that the accusations stemmed from a failed commissioner applicant, which led to doubts about their credibility. Temo reiterated that until formal charges are made, she is presumed innocent.

This series of events surrounds the significant position that had been vacant since Rashmi Aslam’s resignation in August 2023, with the JSC aiming to ensure a thorough and unbiased appointment process.

Overall, the situation emphasizes the importance of procedural integrity in public appointments and the legal principle of presumption of innocence during investigations. This allows for a hopeful perspective, encouraging transparency and adherence to the rule of law in governance.