The Judicial Services Commission (JSC) has announced that Francis Puleiwai, the Deputy Commissioner of the Fiji Independent Commission Against Corruption (FICAC), has agreed to resign immediately after being found in violation of Sections 7(1) and 10(1) of the FICAC Act 2007. The JSC is now seeking the approval of the President of Fiji for this decision.
Justice Salesi Temo, the Acting Chief Justice and Chairperson of the JSC, addressed allegations of abuse of office against Malimali by FICAC, stating that the JSC will allow the legal process to take its course. He noted that Malimali has not been charged and, like all citizens, is presumed innocent until proven guilty in a court of law.
Justice Temo expressed concerns about the credibility of the allegations, given that the arrest and detention of Malimali were conducted by the Deputy Commissioner, who was a candidate for the Commissioner’s position but did not succeed. He pointed out that Section 5(1) of the FICAC Act 2007 specifies that the Commissioner is to be appointed by the President based on the JSC’s recommendation, following consultations with the Attorney-General.
Additionally, he highlighted that Section 104(8) of the 2013 Constitution mandates the independence of the Commission in its functions, free from outside direction or control, except as specified by law.
The JSC also noted that the Commissioner’s position had been vacant since Rashmi Aslam’s resignation in August 2023. Justice Temo mentioned that following an interview process, Puleiwai, a former FICAC prosecutor who had been working in Nauru, was recommended for the role of Acting Deputy Commissioner after consultation with the Attorney-General in November 2023.
Justice Temo revealed that Malimali was the top scorer among six shortlisted candidates, earning 141 points. The second and third candidates scored 131 and 126, respectively. The panel subsequently recommended Malimali as the new Commissioner to the JSC, which agreed with the recommendation via email in August 2024.
On September 2, 2024, the JSC consulted the Attorney-General, and the final recommendation was made to the President to appoint Malimali as Commissioner, effective September 5, 2024.