Newly appointed Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali has pledged to continue her duties despite the events yesterday that escalated to her being arrested by her own subordinates.
The arrest came after a complaint of abuse of office was lodged against her, triggering an investigation by the same body she now leads.
In a FICAC statement issued upon Malimali’s return to work today, she stated that she would not let the events deter her from performing her duties as prescribed under the law.
The arrest follows a raid by FICAC officers on the Electoral Commission office earlier this week, where Malimali had previously served as chairperson. The particulars of the complaint remain unclear, though it is believed to involve her role in the appointment of the Supervisor of Elections.
Attorney General Graham Leung, who was required to be consulted by the Judicial Services Commission (JSC) during Malimali’s appointment, confirmed he was later made aware of the ongoing investigation. Initially advising the JSC to hold off on the appointment, Leung later reversed his decision after receiving a letter undersigned by all members of the Electoral Commission, vouching for Malimali’s integrity.
“We believe there has been nothing in the actions of the Electoral Commission chair that can be construed as interference with the appointment of work of the Supervisor of Elections, or that is an abuse of office,” the letter stated.
Section 76(4) of the 2013 Constitution provides that the EC needs to be consulted in the appointment of the SOE.
Leung also defended the process leading to Malimali’s appointment, noting that it adhered to constitutional guidelines.
“It had gone through the steps outlined in the Constitution,” Leung said about the appointment process followed in Malimali’s appointment.
Leung also expressed confidence in Malimali’s integrity to allow the investigation to follow due process without interference, so too in FICAC’s impartiality and effectiveness in handling corruption cases in light of the appointment.
The arrest of Malimali was reportedly directed by Acting Deputy Commissioner Francis Pulewai, who had also applied for the commissioner’s position but was unsuccessful. She reportedly resigned late yesterday.
Despite the events, Malimali’s three-year appointment, effective from 5 September 2024, remains intact. As the first female to hold the post, she reaffirmed her commitment to leading FICAC’s efforts in tackling corruption across Fiji.
She takes over the role one year after Rashmi Aslam’s resignation. Aslam held the role for 12 years.
