Former Director of Public Prosecutions Aca Rayawa has called on the Chief Justice to issue an immediate directive preventing court registries from accepting any new charges filed by the Fiji Independent Commission Against Corruption (FICAC), citing a recent High Court judgment.
In a public statement, Mr Rayawa said the Honorable Chief Justice now has the authority to direct all High Court and Magistrates’ Court registries not to accept charges sanctioned by FICAC, following Justice Tuiqereqere’s ruling and the submission of recommendations to the President in compliance with that judgment.
Mr Rayawa relied on the legal doctrine of de facto non de jure, referencing the Court of Appeal decision in Barbados Mills & Others v The State, arguing that the courts could no longer “hold the hands” of the FICAC Commissioner in light of the ruling.
“The illegality is unmistakable and too notorious because of the judgment,” Mr Rayawa said, adding that the legal position had now been clearly settled.
Lawyer Tanya Waqanika echoed the call, saying the continued operation of FICAC under its current leadership raises serious rule-of-law concerns.
“Having the current head of FICAC continue in office at the taxpayers’ expense is an attack on the rule of law,” Ms Waqanika said.
“This amounts to an abuse of office and the Judicial Services Commission must take a stand.”
She pointed to a previous incident involving former FICAC leadership, where the Chief Justice had issued a directive instructing court registries nationwide not to accept charges filed by FICAC following what was later described as an unlawful arrest and detention.
“That precedent already exists,” Ms Waqanika said.
“In that case, all those involved were eventually removed from FICAC.”
The comments add to mounting public and legal debate over the status of FICAC’s leadership and the implications of Justice Tuiqereqere’s ruling on ongoing and future prosecutions.
