The hearing of former deputy prime minister Manoa Kamikamica and Professor Biman Prasad’s applications for a permanent stay of proceedings concluded yesterday afternoon at the High Court in Suva.
Both men are seeking to have their respective criminal charges, instituted by the Fiji Independent Commission Against Corruption (FICAC) in the Suva Magistrates Court, permanently halted.
A common ground in both applications is the challenge to the validity of Lavi Rokoika’s appointment as Acting FICAC Commissioner.
Mr Kamikamica has also raised issues of alleged conflict of interest and lack of evidence. His case in the lower court, before Magistrate Charles Ratakele, involves a charge of perjury for allegedly making a false statement under oath that he had no involvement in the appointment of Barbara Malimali as FICAC Commissioner. In the alternative, he faces a charge of giving false information to a public servant for allegedly providing the same information to a Commission of Inquiry.
Professor Prasad, meanwhile, has raised additional grounds, including the absence of a caution interview, the public officer doctrine, and a 10-year delay in bringing charges. He faces one count of failing to comply with statutory disclosure requirements in 2015 and one count of providing false information in a statutory declaration by allegedly omitting his directorship.
FICAC alleges that on or about December 30, 2015, in Suva, Professor Prasad, as an office holder of the National Federation Party under the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, failed to declare his directorship in Platinum Hotels & Resorts Pte Ltd in his annual declaration of assets, liabilities and income submitted to the Registrar of Political Parties. His case in the lower court is before Magistrate Yogesh Prasad.
Justice Bull, who presided over the stay applications, will deliver her ruling in Mr Kamikamica’s matter on April 24 and in Professor Prasad’s matter on May 1.
