Former Director of Public Prosecutions Aca Rayawa has urged the Chief Justice to take immediate action by instructing court registries to refrain from accepting any new charges filed by the Fiji Independent Commission Against Corruption (FICAC). This request follows a recent High Court judgment that raised significant concerns about FICAC’s operations and legal foundations.
Rayawa articulated that the Chief Justice has the power to mandate all High Court and Magistrates’ Court registries to dismiss submissions from FICAC, invoking the legal doctrine of de facto non de jure, which references the Court of Appeal case of Barbados Mills & Others v The State. He asserted that, in light of Justice Tuiqereqere’s ruling, the courts can no longer endorse the actions of the current FICAC Commissioner.
“The illegality is clear and well-documented because of the judgment,” Rayawa emphasized, asserting that the legal implications have been firmly established.
Supporting Rayawa’s call, fellow attorney Tanya Waqanika voiced her concerns about the potential consequences of permitting FICAC to continue operations under its present leadership. She remarked, “Having the current head of FICAC continue in office at the taxpayers’ expense is an attack on the rule of law,” and deemed this situation an abuse of power that the Judicial Services Commission needs to address.
Waqanika also referenced a prior occasion where the Chief Justice had intervened by prohibiting registries from processing FICAC’s charges due to an unlawful arrest and detention. She noted that this intervention had significant repercussions for individuals associated with FICAC.
The ongoing discussions about FICAC’s leadership are fueling a broader public and legal debate about the implications of Justice Tuiqereqere’s ruling for both existing and upcoming prosecutions. These conversations could pave the way for meaningful reforms within the commission and help restore trust in the legal system. The calls for accountability from prominent legal figures like Rayawa and Waqanika underscore the critical need to uphold the rule of law, which is fundamental to maintaining public confidence in the judiciary and governmental bodies.