The High Court in Suva will deliver its ruling on November 10 on 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, with the applications challenging the Fiji Independent Commission Against Corruption’s (FICAC) authority to investigate and prosecute their respective cases.
This is Professor Prasad third application for a permanent stay, while Ms Waqanika is pursuing her second.
Both substantive cases are before Magistrate Yogesh Prasad in the Suva Magistrates Court. Professor 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, Professor 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 declaration were true and complete despite omitting his directorship in the company.
His previous two permanent stay applications were dismissed by the High Court.
In his first application, Justice Siainiu Fa’alogo Bull rejected four grounds raised by Professor Prasad, including a challenge to Acting FICAC Commissioner Lavinia Rokoika’s appointment, pre-charge delay, claims that the charges were foredoomed to fail, and allegations of bad faith or improper conduct.
Justice Bull ruled that the challenge to Ms Rokoika’s appointment should have been pursued through judicial review and applied the de facto officer doctrine, finding that her actions remained valid.
In his second application, Professor 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.
He ruled that the disclosure issues did not prevent Professor Prasad from receiving a fair trial and that the circumstances did not warrant the exceptional remedy of a permanent stay.
Meanwhile, Ms Waqanika faces 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).
Her first permanent stay application was dismissed by Justice Bull on May 6. The judge rejected her argument that the charges were invalid because Ms Rokoika had not been validly appointed as Acting Head of FICAC.
Justice Rajasinghe is expected to deliver his ruling on both applications on November 10.
