The Fiji Independent Commission Against Corruption (FICAC) has amended the charges against Charlie Charters and successfully applied to transfer the case to the Fiji Police Force, citing the need to ensure independence and avoid any perception of a conflict of interest.
The matter was called before Resident Magistrate Shageeth Somaratne today for a pre-trial conference.
FICAC informed the court of the recent stay application before the High Court and said it had undertaken to amend the charges by identifying the former Commission officers alleged to be relevant to the case.
According to FICAC, the amendments were made to comply with Section 58 of the Crimes Act 2009 and to fairly disclose the case Mr Charters is required to answer.
The Commission also advised the court that it had served additional disclosure material, including information relating to the extraction of data from Mr Charters’ mobile phone, as part of its ongoing disclosure obligations.
FICAC further applied to transfer the matter to the Fiji Police Force under Section 13F of the FICAC Act, stating this would ensure the investigation and prosecution remain independent because of the alleged involvement of former Commission officers.
The defence did not oppose the applications but noted that both the amendment of charges and the transfer could have been addressed earlier.
Resident Magistrate Somaratne granted both applications.
FICAC said any decision on whether former Commission officers will face criminal charges now rests with the Fiji Police Force.
The case has been adjourned to July 29 for mention to determine the outcome of the High Court stay application and for Police Prosecution to appear. Bail for Mr Charters was extended.
Mr Charters was represented by Seforan Fatiaki, while Acting Manager Legal Joseph Work appeared for FICAC.
