Parties involved in the case against Suva lawyer Tanya Waqanika have been urged to avoid public discussions regarding court matters and to adhere to professional standards. This directive came from Magistrate Yogesh Prasad following concerns raised by the prosecution about Ms. Waqanika’s public commentary, which they deemed misleading and sub judice.
The controversy originated from a prior court hearing where the defense sought clarification on a charge related to Ms. Waqanika, questioning whether it pertained to a general or municipal election. However, prosecutor Rusiate Doidoi clarified that the charge does not relate to any election, referring to Section 14(1)(d) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013. This law explicitly prohibits public officers from expressing support for or opposition to any political party.
Ms. Waqanika has been charged with publicly indicating opposition to a political party. The Fiji Independent Commission Against Corruption (FICAC) alleges that she made comments on Facebook opposing the Social Democratic Liberal Party (SODELPA) while serving as a board member of Investment Fiji and Telecom Fiji Ltd on April 19, 2024.
Defense attorney Barbara Malimali contended that FICAC’s response was overly reactionary and emphasized that her client was simply raising questions. Magistrate Prasad reminded all parties of the presumption of innocence as he adjourned the case to March 24. Additionally, Ms. Waqanika’s application to permanently stay the proceedings is scheduled for a hearing on March 20.
This situation underscores the importance of maintaining the integrity of legal proceedings while balancing the right to free speech. As the case progresses, it will be crucial for all parties to follow the court’s directives closely to uphold justice.
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