The recent court proceedings have cast doubt on the legitimacy of Lavi Rokoika’s appointment as the acting Commissioner of the Fiji Independent Commission Against Corruption (FICAC) and the authority she holds to prosecute cases. This development arose during a hearing for former Deputy Prime Minister Manoa Kamikamica, who faces allegations of perjury and providing false information to a public servant. The court was informed that Kamikamica had denied any involvement in the appointment of former FICAC Commissioner Barbra Malimali, which has led to significant scrutiny.
Lawyer Wylie Clarke, representing Kamikamica, challenged the validity of Rokoika’s appointment, arguing it was not in accordance with the constitutional guidelines set out in Section 115(2) of the 2013 Constitution and Section 51 of the FICAC Act. According to Clarke, this lack of authority nullifies any prosecutorial powers attributed to Rokoika, rendering the charges against his client “fundamentally defective.” He also asserted that the charges were vague and insufficiently supported by evidence, specifically referencing a text message presented during Kamikamica’s interview that did little to prove any wrongdoing.
While Clarke anticipated that FICAC would likely not withdraw the charges, he revealed that he would be requesting a permanent stay in the High Court, citing the critical flaws in the case proceedings.
In contrast, prosecutor Lilian Mausio countered that the issues concerning Rokoika’s appointment should be addressed through proper legal channels in the High Court, rather than during the ongoing court case. She indicated that sufficient disclosure had been made to satisfy the defense’s claims.
This legal battle unfolds amid heightened attention on governance and accountability in Fiji, particularly regarding the controversial appointment of Malimali as FICAC Commissioner. The legal ramifications extend beyond Kamikamica personally, reflecting broader societal demands for transparency and reform within political institutions.
The situation is particularly significant given the scrutiny surrounding FICAC’s independence and operational integrity following previous allegations of political interference. Many citizens express hope that as this case develops, it could catalyze essential governance reforms and renewed public trust in Fiji’s political framework. Kamikamica’s commitment to cooperate with the investigation is viewed as a positive step, potentially paving the way for greater accountability and integrity in Fiji’s governance. As the legal proceedings progress, there remains optimism that they will lead to vital reforms and bolster public confidence in governance.
Leave a comment