Former Director of Public Prosecutions Aca Rayawa has urged the Chief Justice to promptly instruct court registries to reject any new charges brought forth by the Fiji Independent Commission Against Corruption (FICAC), following a recent High Court ruling. In a public statement, Rayawa asserted that the Chief Justice possesses the authority to direct all High Court and Magistrates’ Court registries not to accept charges approved by FICAC, aligning with Justice Tuiqereqere’s judgment and the subsequent recommendations submitted to the President.
Rayawa cited the legal doctrine of de facto non de jure and referenced the Court of Appeal’s decision in Barbados Mills & Others v The State, emphasizing that the courts can no longer support the FICAC Commissioner in light of the recent ruling. “The illegality is unmistakable and too notorious because of the judgment,” he stated, reinforcing that the legal position surrounding FICAC’s charges is now clearly defined.
Supporting Rayawa’s call, lawyer Tanya Waqanika expressed concerns over FICAC’s operations under its current leadership, labeling it as a significant threat to the rule of law. “Having the current head of FICAC continue in office at the taxpayers’ expense is an attack on the rule of law,” Waqanika remarked, highlighting the potential abuse of power and urging the Judicial Services Commission to take decisive action.
Ms. Waqanika also drew attention to a previous incident involving former FICAC leadership, when the Chief Justice had similarly directed registries not to accept charges filed by FICAC after an unlawful arrest and detention, demonstrating that such precedents exist.
These statements contribute to the increasing public and legal scrutiny regarding the status of FICAC’s leadership and the ramifications of Justice Tuiqereqere’s ruling on both ongoing and future prosecutions. The situation reflects a growing discourse on the integrity and accountability of judicial processes, highlighting the critical balance between lawful governance and the accountability of public officials.
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