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 Commission has accepted this resignation and is now seeking the endorsement of the President of Fiji.
Acting Chief Justice and JSC Chairperson Justice Salesi Temo addressed allegations of abuse of office against Malimali by FICAC, stating that the law will take its course. He emphasized that Malimali has not been charged and is presumed innocent until proven guilty in a court of law.
Justice Temo remarked that the circumstances of Malimali’s arrest and detention, conducted by the Deputy Commissioner, who had previously been an unsuccessful candidate for the Commissioner position, raise questions about the legitimacy of the allegations. He noted that Section 5(1) of the FICAC Act 2007 states that the President appoints the Commissioner based on JSC recommendations, following consultation with the Attorney-General.
Additionally, he referred to Section 104(8) of the 2013 Constitution, which underscores the independence of the Commission in performing its functions and exercising its powers, free from external control except as prescribed by law.
The JSC pointed out that the Commissioner’s position has been vacant since the resignation of former Commissioner Rashmi Aslam in August 2023. Justice Temo explained that FICAC has been leaderless since then. After interviewing Puleiwai, who previously worked as a FICAC prosecutor in Nauru, the JSC recommended her appointment as Acting Deputy Commissioner following discussions with the Attorney-General in November 2023.
He highlighted that Malimali was the highest-scoring candidate among six applicants, with a score of 141, while the next highest scored 131, and the third scored 126. Consequently, the panel recommended Malimali to the JSC as the new Commissioner. The JSC was consulted via email in August 2024 and concurred with the panel’s recommendation.
Justice Temo mentioned that after consulting the Attorney-General on September 2, 2024, the JSC later recommended to His Excellency the President to appoint Malimali as Commissioner, effective September 5, 2024.