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Temo questions legitimacy of Malimali’s arrest

September 7, 2024 7:53 am

Judicial Services Commission Chair Justice Salesi Temo says they will let the law follow its course on the allegation of abuse of office against Barbara Malimali by Fiji Independent Commission Against Corruption.

The newly appointed Commissioner was arrested by FICAC officers on Thursday on her first day in the office.

The JSC Chair says as of now Malimali has not been charged and like every other citizen of this country she is presumed innocent until proven guilty beyond reasonable doubt in a court of law.

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Justice Temo says the arrest and detention of Malimali was carried out by the now former deputy FICAC commissioner Francis Puleiwai, an unsuccessful candidate for the commissioner’s post make the whole allegation suspicious.

He says the JSC heard that on the orders of Puleiwai, the new commissioner was arrested and detained at FICAC headquarters.

He adds that they called for a meeting to discuss the matter.

Justice Temo says in their view, section 7(1) and 10(1) of FICAC Act 2007 appeared violated adding that the now former Deputy Commissioner FICAC cannot assume the powers of the commissioner even if she is physically present at FICAC headquarters.

He says no officer of FICAC can order an arrest of a suspect without a warrant and without the authority of the commissioner.

Justice Temo says this was put to Puleiwai during the meeting where she agreed to resign from FICAC immediately and JSC accepted the same.

He says they are now seeking President Ratu Williame Katonivere’s endorsement of the same.

The JSC also stresses that all the processes were followed to appoint Malimali as the FICAC commissioner.

Judicial Services Commission Chair Justice Salesi Temo has endorsed the appointment of Barbara Malimali as Commissioner of FICAC.