The High Court in Suva has permanently stayed the criminal proceedings against journalist Charlie Charters, ruling that the Fiji Independent Commission Against Corruption (FICAC) violated his constitutional rights and abused the court process.
In his ruling this morning, Justice Pita Bulamainaivalu found that Charters’ “right to remain silent i.e. no self-incrimination under Section 13 of the Constitution 2013 was violated by FICAC.”
The Judge also ruled that Charters’ “right to freedom of speech, expression, thought, opinion and publication under Section 17 of the Constitution 2013 including not to divulge the sources of his journalistic information was violated by FICAC.”
Justice Bulamainaivalu further found that “FICAC’s case on Counts 1–2 of aiding and abetting against the Applicant will inevitably or [is] doomed to fail.”
In relation to the conduct of the FICAC prosecution, the Judge stated that the court was “satisfied on the balance of probabilities that there was abuse of process by FICAC that fundamentally goes to the root of the trial of such a nature that nothing a trial magistrate can do in the conduct of the trial can relieve against its unfair consequences and an affront to the court’s conscience.”
Justice Bulamainaivalu also found that “there is a conflict of interest with regard to Count 2.”
He noted that the de facto officer doctrine barred the court from considering the validity of the Acting FICAC Commissioner’s appointment and alleged ultra vires acts, saying those issues are properly determined through judicial review proceedings.
Charters had been charged with two counts of aiding and abetting a FICAC officer to unlawfully divulge FICAC information under Section 13G of the FICAC Act.
FICAC alleged that between November 2 and December 14, 2025, and in February this year, Charters intentionally aided and abetted a FICAC officer by publishing official information relating to the functions of the Commission on his Facebook page without the permission of the FICAC Commissioner.
The matter had been before Magistrate Shageeth Somaratne.
Charters was represented by lawyers Juleen Fatiaki and Seforan Fatiaki.
Justice Bulamainaivalu made no order as to costs and granted FICAC 30 days to appeal to the Fiji Court of Appeal.
