A Fiji-British dual citizen has filed a permanent stay application against proceedings brought by the Fiji Independent Commission Against Corruption (FICAC), citing multiple legal grounds arising from disclosed material.
Lawyer Seforan Fatiaki confirmed that the application for Charlie Charters was lodged in the High Court on April 28 and formally served on FICAC on May 5.
“We believe we have multiple grounds to support the stay application and that each ground is strong,” Mr Fatiaki said.
Mr Charters, 57, was detained and later arrested at Nadi International Airport on February 21 while preparing to depart for Sydney. After two days in custody, he was charged with two counts of aiding and abetting an unidentified whistleblower to release confidential information about FICAC.
Mr Fatiaki said the alleged source or sources of the information have not been identified more than two months after charges were laid.
“At no time has FICAC considered the possibility that Mr Charters may have received the material from someone outside the organisation,” he said.
He also claimed that documents disclosed by FICAC indicate Mr Charters was offered a “show and tell” arrangement at the airport.
“A FICAC officer confirmed in writing that he would have been allowed to leave the country without charge if he provided a written statement identifying the alleged whistleblowers,” Mr Fatiaki said.
The stay application further argues that Mr Charters was charged only after refusing to disclose his sources and raises concerns about potential conflict of interest involving the Acting Commissioner, citing prior reporting linked to her and her family.
Mr Charters has pleaded not guilty to both counts. His trial is scheduled to begin on September 1.
