Lawyer Wylie Clarke wants the High Court to hear together, the applications by former deputy prime ministers Manoa Kamikamica and Professor Biman Prasad, for a permanent halt of their respective criminal proceedings that is before the lower court.
Mr Clarke made this suggestion yesterday after informing the court that Mr Prasad has filed a similar application on comparable grounds, particularly concerning the validity of Acting FICAC Commissioner Lavi Rokoika’s appointment.
Mr Kamikamica made his first appearance before Justice Siainiu Fa’alogo Bull on his notice of motion seeking a permanent stay of proceedings.
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 told the court he intends to have a King’s Counsel represent both Mr Kamikamica and Mr Prasad.
In response, Justice Bull stated she was only aware of the case currently before her and not of Mr Prasad’s matter.
Meanwhile, Ms Rokoika said that due to the allegations made against her, she would also engage an independent lawyer to oversee the case.
Mr Clarke is arguing the Judicial Services Commission was not involved in Ms Rokoika’s appointment, therefore the charges filed are null and void and fundamentally flawed.
Ms Rokoika responded that the validity of her appointment could have been challenged through a redress application and addressed at the no-case-to-answer stage on the other ground of insufficient evidence.
Despite this, Mr Clarke maintained his position and sought to have the matter dealt with expeditiously.
The case will be recalled on December 10 for mention and for the setting of a strict timetable for submissions in Suva.
