The Chair of the Judicial Services Commission (JSC) and Acting Chief Justice Salesi Temo has defended the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC).
Temo stated that the process will allow the law to take its course. Malimali is currently under investigation by FICAC for alleged abuse of office during her tenure as chairperson of the Electoral Commission.
“At this moment, she has not been charged and, much like any citizen of this country, is presumed innocent until proven guilty,” Temo remarked.
He expressed concerns about the investigation, noting that the arrest of Malimali was conducted by Francis Puleiwai, a candidate who was unsuccessful in her bid for the Commissioner position, raising questions about the credibility of the allegations.
Temo indicated that the Commissioner position had been unfilled since Rashmi Aslam of Sri Lanka resigned on August 30, 2023. Following interviews with Puleiwai, who previously served as a FICAC prosecutor and was working in Nauru, the JSC recommended her for the role of Acting Deputy Commissioner on November 8, 2023, after consultation with the Attorney-General.
On June 15, 2024, the JSC advertised the Commissioner position. Temo reported that fifteen candidates applied, but the committee decided to re-advertise to find a qualified and experienced litigation lawyer. By July 13, 2024, eight additional applications were received, leading to six candidates being shortlisted.
A panel including Temo, Acting Permanent Secretary of Justice/Solicitor-General Ropate Green, and Acting Chief Magistrate Josaia Waqaivolavola conducted interviews for the shortlisted applicants on August 20 and 21, 2024.
On September 2, Temo consulted with Attorney-General Graham Leung, and by September 4, the JSC recommended to President Ratu Wiliame Katonivere that Malimali be appointed to the Commissioner role.