Suva lawyer Barbara Malimali says evidence has shown that Lavi Rokoika knew, or at the very least ought to have known, that her appointment as Acting Commissioner of the Fiji Independent Commission Against Corruption was invalid.
Ms Malimali, acting for Suva lawyer Tanya Waqanika, argued yesterday that it was not disputed that the public was aware of the challenges to her appointment and this was not a situation where the defect was hidden or obscure.
Ms Waqanika is seeking to have charges brought against her by FICAC in the Suva Magistrate’s Court to be permanently stayed. As well, she is challenging the validity of Ms Rokoika’s appointment as acting FICAC Commissioner.
Ms Malimali said an off-record interview between Ms Rokoika and MaiTv journalist Lavenia Lativerata demonstrated that the Judicial Services Commission played no role in her appointment, an unchallenged piece of evidence.
She further argued that the Prime Minister was aware that, under the current legal framework, the JSC was the lawful appointing authority.
When these facts were viewed together, she said, the position became clear that the defect in Ms Rokoika’s appointment was publicly known and the appointee herself was aware of it.
She said in those circumstances, the reliance on the de facto doctrine was wholly misplaced and could not be invoked where the defect was known and openly challenged.
Ms Malimali further said that if unlawful appointments by the Government were permitted to stand shielded by the de facto doctrine, despite full knowledge of their invalidity, it would undermine the rule of law and the constitutional framework governing appointments.
Ms Rokoika is relying on filed submissions and the evidence given over the past two days in the hearing of a permanent stay application concerning two former senior government officials.
Justice Siainiu Fa’alogo Bull will deliver her ruling on May 6.
