THE validity of FICAC’s acting Commissioner Lavi Rokoika’s appointment and her prosecutorial powers was yesterday questioned in court.
Lawyer Wylie Clarke, who is representing former deputy prime minister and minister for trade Manoa Kamikamica, raised the issue before Magistrate Charles Ratakele.
Mr Kamikamica faces a count of perjury for allegedly knowingly making a false statement under oath, claiming he had nothing to do with the appointment of FICAC commissioner Barbra Malimali.
He also faces a charge of giving false information to a public servant for allegedly providing the same false information to a Commissioner of Inquiry (COI) between December 1 last year and March 31 this year.
Mr Clarke said he had written to Ms Rokoika seeking the withdrawal of charges against his client, arguing they were “fundamentally defective” due to her lack of authority to sanction them.
He contended that Ms Rokoika’s appointment was not made in accordance with Section 115(2) of the 2013 Constitution and Section 51 of the FICAC Act, and as such, she had no legal standing or power to institute criminal proceedings.
Mr Clarke further argued the charges of perjury and giving false information to a public servant laid against Mr Kamikamica were “incredibly vague, imprecise, and unsupported by evidence”.
To support this claim, he said a piece of evidence presented during Mr Kamikamica’s caution interview — a text message — failed to establish any interference in the appointment of a FICAC Commissioner.
Mr Clarke said it was unlikely FICAC would withdraw the charges, but it had until today to respond.
Additionally, he indicated he would be applying for a permanent stay in the High Court in Suva, citing that the case would not proceed straightforwardly due to the fundamental flaws in these proceedings.
In response, prosecutor Lilian Mausio said the serious legal question regarding Ms Rokoika’s appointment had not been raised in the appropriate forum.
Ms Mausio said if Mr Clarke wished to challenge Ms Rokoika’s appointment, he must do so by filing proper applications before the High Court.
She also said the full disclosures served were enough to address the lacuna claimed by Mr Clarke and that if he wished, the Criminal Procedure Act gives the defence leeway to seek further and better particulars from FICAC.
In a statement, FICAC said at the time of filing the charges on September 23, it was difficult for the commission to locate Mr Kamikamica, therefore, it was decided he be summoned to appear before the court rather than be arrested.
The case is expected to be recalled tomorrow.
