A prominent Australian lawyer has argued that the President had no authority to appoint Lavi Rokoika as Acting Commissioner of the Fiji Independent Commission Against Corruption without a recommendation from the Judicial Services Commission.
Martin Daubney (King’s Counsel) said no such recommendation was made and Ms Rokoika was aware from the outset that her appointment was unlawful or she ought reasonably to have known of its unlawfulness.
Mr Daubney KC made the submissions during the hearing of two permanent stay applications by former ministers Manoa Kamikamica and Professor Biman Prasad against FICAC prosecutions brought against each of them.
He also relied on a recording of an interview by The Fiji Times journalist Jake Wise with Prime Minister Sitiveni Rabuka, which he said confirmed that Mr Rabuka had advised the President on the appointment.
He also played to the court an interview with MaiTV journalist Lavenia Lativereta, which he said revealed Ms Rokoika’s clear disregard for the role of the Judicial Services Commission in the appointment process.
Ms Rokoika elected not to cross-examine the two subpoenaed witnesses. She had earlier objected to their giving oral evidence, saying it was irrelevant.
Mr Daubney KC replied that Ms Rokoika herself had made the evidence relevant by claiming that she was entitled to “de facto” recognition as acting commissioner even if she was not lawfully appointed.
Mr Daubney KC argued that the defects in Ms Rokoika’s appointment were not mere irregularities but fundamental and substantial flaws that went to the root of her appointment, amounting to an abuse of the administration of justice.
In response, Ms Rokoika submitted that a criminal court did not have jurisdiction to determine the validity of her appointment, arguing that such issues fell within the court’s civil jurisdiction.
The hearing continues before Justice Siainiu Fa’alogo Bull today.
