Suva lawyer Wylie Clarke says he had written to the Judicial Services Commission which confirmed it played no part in the appointment of Lavi Rokoika, the Acting Commissioner of Fiji Independent Commission Against Corruption.
Appearing at the High Court in Suva for former deputy prime minister Manoa Kamikamica yesterday, Mr Clarke said he had applied to subpoena two journalists to produce evidence relating to a published article, which reported Prime Minister Sitiveni Rabuka as saying he advised the President to appoint Ms Rokoika.
He said the report indicated the appointment was not done the correct way.
Mr Clarke said FICAC was avoiding dealing with the issue of the JSC’s non-involvement in the appointment of Ms Rokoika.
He is arguing that the JSC’s non-involvement therefore makes the charges null and void and fundamentally flawed.
Mr Kamikamica’s attendance was excused after the court was told he was unwell.
He faces one count of perjury and is alleged to have knowingly made a false statement under oath that he was not involved in the appointment of Barbara Malimali as FICAC Commissioner. The charge stems from findings in the Commission of Inquiry report into the appointment of Ms Malimali as commissioner.
In the same court, former deputy prime minister and minister of finance, Professor Biman Prasad also appeared, charged with failing to comply with statutory disclosure requirements, allegedly committed in 2015.
Justice Siainiu Fa’alogo Bull adjourned the matters to February 5 for mention and hearings were set for March 18 to 20.
Parties have been directed to file all affidavits before the hearing.


