THE High Court in Suva has refused Suva lawyer Tanya Waqanika’s application to have her criminal charge permanently stayed.
Justice Siainiu Fa’alogo Bull delivered her ruling on Ms Waqanika’s permanent stay application yesterday.
One of the main grounds of the application challenged the validity of Lavi Rokoika’s appointment as acting Commissioner of the Fiji Independent Commission Against Corruption.
Ms Waqanika is charged with a count of publicly indicating opposition to a political party, contrary to section 14 (7) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, read with Section 14 (1) (d).
It is alleged that on April 19, 2024, Ms Waqanika, being a public official, namely a board member of Investment Fiji and Telecom Fiji Ltd, respectively, publicly indicated opposition to SODELPA by posting opposing comments about the party on her Facebook post.
Justice Bull ruled that challenges to the validity of Ms Rokoika’s appointment must be pursued through judicial review proceedings in the civil courts, rather than through a criminal stay application.
Justice Bull said Ms Rokoika became the de facto Acting Commissioner regardless of whether there were issues surrounding her eligibility or appointment.
The judge referred to legal precedents, including a ruling by the US Supreme Court, stating that where an office exists under the law, the validity of actions carried out by the office holder is not undermined by questions surrounding the appointment process.
Her criminal case before Magistrate Yogesh Prasad at the Suva Magistrate’s Court will be recalled on May 27 for a pre-trial conference.
