The High Court in Suva has set October 23 for the hearing of permanent stay applications filed by former deputy prime minister Professor Biman Prasad and Suva lawyer Tanya Waqanika. The matters were called before Justice Thushara Rajasinghe today. The hearing will consider the parties’ applications challenging the Fiji Independent Commission Against Corruption’s (FICAC) authority to investigate and prosecute their respective cases under section 2(a) and (c) of the FICAC Act.
Justice Rajasinghe said the application is purely based on interpretation issue. This is Prof Prasad’s third permanent stay application and Ms Waqanika’s second. Both substantive cases are before Magistrate Yogesh Prasad in the Suva Magistrates Court. Prof Prasad faces two charges under the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013. He is charged with failing to comply with statutory disclosure requirements, contrary to section 24(5), read with section 24(1B)(d) of the Act.
It is alleged that between December 30, 2015 and January 31, 2016, while an officeholder of the National Federation Party, he failed to disclose his directorship in Platinum Hotels & Resorts PTE Limited in his declaration of assets, liabilities and income as at December 31, 2015. The second charge alleges that on January 28, 2016, Prof Prasad recklessly provided false information in a statutory declaration, contrary to section 27(1)(c) of the Act. He allegedly declared that the particulars in his assets, liabilities and income declaration were true and complete despite the omission of his directorship in the company.
Prof Prasad’s previous two applications were dismissed by the High Court, with Justice Siainiu Fa’alogo Bull rejecting his first application and Justice Thushara Rajasinghe dismissing the second. In the first application, Justice Bull found that none of the four grounds raised by Prof Prasad justified a permanent stay. These included a challenge to Acting FICAC Commissioner Lavi Rokoika’s appointment, pre-charge delay, claims that the charges were foredoomed to fail, and allegations of bad faith or improper conduct.
The judge ruled that the challenge to Ms Rokoika’s appointment should have been brought through judicial review and applied the de facto officer doctrine, finding that her actions remained valid. In the second application, Prof Prasad argued that FICAC’s disclosure failures, including its initial failure to provide statements from National Federation Party members Kamal Iyer and Dalip Kumar, amounted to an abuse of process. However, Justice Rajasinghe found no evidence that the statements had been deliberately or in bad faith withheld and ruled that the disclosure issues did not prevent Prof Prasad from receiving a fair trial.
The judge said a permanent stay was an exceptional remedy and the circumstances did not warrant stopping the proceedings. Ms Waqanika is charged with one count of publicly indicating opposition to a political party, contrary to section 14(7), read with section 14(1)(d) of the Act. It is alleged that on April 19, 2024, while serving on the boards of Investment Fiji and Telecom Fiji Ltd, she posted comments on Facebook indicating opposition to the Social Democratic Liberal Party (SODELPA).
Ms Waqanika’s first stay application was denied by Justice Siainiu Fa’alogo Bull in the High Court in Suva on May 6. The Judge rejected the claim at that time that the charges against Ms Waqanika were not valid because the Acting Head of FICAC, Lavenia Rokoika had not been validly appointed.
