Lawyer Wylie Clarke has requested that the High Court combine the applications from former deputy prime ministers Manoa Kamikamica and Professor Biman Prasad, who are seeking a permanent cessation of their criminal proceedings currently pending in a lower court. This move follows Mr. Prasad’s submission of a similar application based on comparable grounds, particularly disputing the legitimacy of Acting FICAC Commissioner Lavi Rokoika’s appointment.
During a court session, Mr. Kamikamica made his inaugural appearance before Justice Siainiu Fa’alogo Bull, where he presented a motion aiming for a permanent stay of the proceedings against him. He faces a charge of perjury for allegedly providing false testimony under oath, where he claimed no involvement in the appointment of FICAC Commissioner Barbra Malimali. Additionally, he is charged with giving false information to a public servant, specifically regarding the same claims to a Commissioner of Inquiry between December 1 last year and March 31 this year.
Mr. Clarke has expressed his intention to have a King’s Counsel represent both Mr. Kamikamica and Mr. Prasad in these matters. Responding to Clarke’s announcement, Justice Bull noted her awareness only of the case presented before her, seemingly unfamiliar with Professor Prasad’s application.
In a twist, Ms. Rokoika has indicated her intent to hire an independent lawyer to oversee the proceedings in light of the allegations against her. Mr. Clarke argues that since the Judicial Services Commission did not partake in her appointment, the charges brought against his clients are fundamentally flawed and should be deemed null and void.
Rokoika countered that the circumstances surrounding her appointment could have been contested through a redress application and addressed adequately at the no-case-to-answer stage regarding claims of insufficient evidence. Nonetheless, Clarke persists in seeking an expedited resolution to the matter.
The court has scheduled a further mention of the case for December 10, where a timetable for submissions will be established. This situation raises critical questions about the processes governing high-profile legal appointments and the integrity of judicial proceedings in Fiji.
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