THE High Court in Suva has dismissed an application by Manoa Kamikamica to permanently stay criminal proceedings against him.
Delivering her ruling yesterday, Justice Siainiu Fa’alogo Bull found the application to be without merit and ruled that the grounds for a permanent stay had not been established.
“The application for stay on the ground of absence of evidence is without merit,” she said.
“The applicant has not made out any of the grounds for permanent stay of prosecution.”
“The application is refused.”
In her written decision, Justice Bull said the issues raised by the defence, including arguments on the alleged absence of evidence, were matters to be determined at trial.
The court also emphasised that its supervisory jurisdiction should not be used to assess the merits of the charges at this stage, noting that such determinations fall within the role of the trial court.
The dismissal of the application means the case will now proceed through the normal court process.
FICAC charged the former minister of finance of providing false information and perjury, in relation to matters concerning the appointment of the former FICAC commissioner Barbra Malimali.
