THE office of the Director of Public Prosecutions will now be prosecuting the appeal against former fisheries minister Kalaveti Ravu and the ministry’s regional northern manager, Tekata Toaisi.
This was confirmed before Justice Daniel Goundar by Acting DPP Nancy Tikoisuva in the High Court in Suva today.
FICAC had accused Mr Ravu of interfering in the lawful process of a ministerial investigation into the suspected illegal trade of a banned species of beche-de-mer.
Mr Toaisi was also accused of aiding the former minister between July and August last year.
However, they were both acquitted on February 28 this year after Magistrate Jeremaia Savou ruled there was no case to answer.
Mr Ravu was at the time represented by Lavi Rokoika, now the FICAC Commissioner, and her husband Tevita Tangaroa Vakalalabure, while Joji Cakau represented Mr Toaisi.
FICAC’s legal manager Laite Bokini said that as of Wednesday, prosecutions have transferred the appeal file to the DPP.
The court heard and acknowledged the appeal was transferred due to a conflict of interest since Ms Rokoika is now the present commissioner.
However, Ms Tikoisuva brought to the court’s attention that under section 117 (8) (b) of the 2013 Constitution, the ODPP is not able to prosecute FICAC matters while FICAC can do so. But Section 55 (3) of the Criminal Procedure Act and Section 13 (f) of the FICAC Act say FICAC can transfer the case to ODPP
Justice Goundar, in response, said the Constitution does not have to be isolated, and as long as the two provisions are harmonised, there is no issue with proceedings moving forward.
Ms Tikoisuva will provide an update to the court on the next occasion after reviewing the file.
Justice Goundar vacated the hearing for July 14 and substituted it for a mention.
