The High Court in Suva heard and concluded yesterday the contested applications by former deputy prime minister Manoa Kamikamica and Professor Biman Prasad seeking permanent stays of criminal proceedings brought by the Fiji Independent Commission Against Corruption (FICAC). Justice Bull, who presided over the stay hearings, has reserved judgment and will deliver separate rulings in the two matters — Mr Kamikamica’s on April 24 and Professor Prasad’s on May 1.
Both applicants mounted a common challenge to the validity of the appointment of Lavi Rokoika as Acting FICAC Commissioner, arguing that his tenure compromised the lawfulness of the charges laid in the Suva Magistrates Court. The point goes to the root of FICAC’s authority in instituting the prosecutions and featured prominently in written and oral submissions before the High Court.
Mr Kamikamica’s application also raised allegations of conflict of interest and asserted a lack of evidential basis for the charges against him. In the lower court before Magistrate Charles Ratakele he faces a charge of perjury, accused of making a false statement under oath that he had no involvement in the appointment of Barbara Malimali as FICAC Commissioner. In the alternative, prosecutors have charged him with giving false information to a public servant for allegedly providing the same representation to a commission of inquiry.
Professor Prasad’s challenge included several additional grounds, notably the absence of a caution interview, the applicability of the public officer doctrine, and what his lawyers described as an inordinate 10-year delay in bringing the matter. FICAC’s case alleges that on or about December 30, 2015, Professor Prasad — then an office holder of the National Federation Party under the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013 — failed to declare his directorship in Platinum Hotels & Resorts Pte Ltd in his annual declaration of assets, liabilities and income submitted to the Registrar of Political Parties. His matters are before Magistrate Yogesh Prasad in the Magistrates Court.
The scheduling of rulings brings an immediate update to a case that has been unfolding in public for months. Professor Prasad previously stepped aside from his duties as deputy prime minister and relinquished ministerial responsibilities after criminal charges were disclosed, and the delay between the alleged 2015 omissions and the current prosecutions has been central to his defence. The High Court’s impending decisions will determine whether the prosecutions can proceed to trial in the Magistrates Court or should be permanently stayed on the grounds argued.
Legal observers have noted that the outcome on the validity of Mr Rokoika’s appointment could have repercussions beyond these two defendants, potentially affecting other matters initiated under his acting tenure. For now, both men must await Justice Bull’s written reasons: Mr Kamikamica on April 24 and Professor Prasad on May 1, after which the next procedural steps will be dictated by the court’s determinations.
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