Chief Justice Salesi Temo described the arrest of Barbara Malimali on the day she reported to work ay FICAC as a “coup d’état”.
This is stated in the Commission of Inquiry report released on Tuesday.
In his testimony, CJ Temo said the arrest of Ms Malimali was “a breach of protocol” by acting Deputy Commissioner of FICAC, Francus Puleiwai.
CJ Temo testified Ms Pulewai should have followed the chain of command through the Chief Registrar and Judicial Services Commission.
“CJ Temo acknowledged he was aware of three formal allegations against Ms. Puleiwai: unlawfully assuming the Commissioner’s powers, authorising the arrest of Ms. Malimali without a warrant and insubordination,” the CoI report quotes Mr Temo as testifying.
“When the JSC asked her, Ms. Puleiwai refused to name the complainant in the Malimali case.”
“CJ Temo characterised that refusal as non‑cooperation, emphasising that knowing the complainant’s identity is a basic step in any proper inquiry.”
“CJ Temo recounted that the A-G (Graham Leungh) first advised pausing the recommendation upon learning of the FICAC Malimali Investigation.”
“A subsequent call from the A-G gave the “all‑clear,” after which CJ Temo proceeded to endorse the JSC Selection Panel’s recommendation and had it submitted to the President for appointment.”
CJ Temo confirmed he did not obtain formal references for Ms. Malimali.
“Instead, he relied on observing her 15 years of performance in the criminal courts in Fiji, concluding she was “an appropriate person” for the FICAC role.”
