Judicial Services Commission chair Salesi Temo says there was nothing untoward in the appointment of Barbara Malimali as Fiji Independent Commission Against Corruption (FICAC) commissioner.

He said this in a statement issued Friday where the Acting Chief Justice cited Section 5(1) of the FICAC Act 2007 – which said the commissioner shall be appointed by the President on the recommendation of the JSC, following consultation with the Attorney General.

Mr Temo said the commissioner’s post had been vacant since the resignation of Rashmi Aslam on August 30, 2023.

The JSC had then appointed Ms Pulewai, a former FICAC prosecutor who was working in Nauru, on November 16, 2023.

Mr Temo said it was the JSC’s intention for her to head FICAC in the interim, while awaiting the appointment of a commissioner.

He said on June 15 this year, the commissioner’s post was advertised and then re-advertised on July 13 where eight more applications were received and six short-listed.

A panel consisting of Mr Temo, Acting Permanent Secretary of Justice Ropate Green and Acting Chief Magistrate Josaia Waqaivolavola interviewed the six on August 20 and 21 where 11 questions were asked that tested their views and knowledge on leadership, problem solving, handing difficult employees, mentoring, time management, motivation, use of discretions, linguistic and social skills and knowledge of criminal law and practice.

Against a total mark of 165, Ms Malimali scored the highest at 141 points, the next applicant scored 131, the third had 126 and the fourth scored 118.

Mr Temo said the panel recommended Ms Malimali as the new FICAC commissioner to the JSC which was consulted on August 28 and agreed with the panel’s recommendation.

The Attorney General was consulted on September 2 and on September 4 the JSC made its recommendation to the President who appointed Ms Malimali effective September 5.

Mr Temo said on the same day, the JSC heard that on the orders of Ms Pulewai, Ms Malimali had been arrested and detained at FICAC headquarters.

He said the JSC called for a meeting to discuss the issue at 2.30pm on September 5 because in their view, Section 7(1) and 10(1) of the FICAC Act had appeared violated.

Justice Temo said the Deputy Commissioner “cannot assume the powers of the commissioner if she is physically present at FICAC headquarters.

“Furthermore, no officer of FICAC can order an arrest of a suspect without a warrant, without the authority of the commissioner.

“We put this to Ms Pulewai during the meeting. She agreed to resign from FICAC immediately on 5th September 2024. JSC accepted the same. We are now seeking His Excellency’s endorsement of the same.

“As to the allegation of abuse of office against Ms Malimali by FICAC, we will let the law follow its cause, as a matter of law.”

The Acting Chief Justice said the fact that Ms Malimali’s arrest and detention had been orchestrated by Ms Pulewai – an unsuccessful candidate for the commissioner’s post – “makes the whole allegation suspect.”