Former Director of Public Prosecutions Aca Rayawa has urged the Chief Justice to deliver an immediate order to prevent court registries from accepting any new charges filed by the Fiji Independent Commission Against Corruption (FICAC). This call comes in light of a recent High Court judgment that highlighted serious legal implications concerning FICAC’s current operations.
In his statement, Rayawa explained that the Chief Justice now possesses the authority to mandate all High Court and Magistrates’ Court registries to reject charges submitted by FICAC, following Justice Tuiqereqere’s decision and the subsequent recommendations made to the President. He cited the legal doctrine of de facto non de jure, leaning on the Court of Appeal case of Barbados Mills & Others v The State. Rayawa argued that based on the ruling, the courts can no longer support the current FICAC Commissioner’s actions.
“The illegality is unmistakable and too notorious because of the judgment,” Rayawa asserted, insisting that the legal situation has been decisively established.
Fellow attorney Tanya Waqanika supported Rayawa’s statement, expressing concerns regarding the implications of allowing FICAC to operate under its current leadership. She stated, “Having the current head of FICAC continue in office at the taxpayers’ expense is an attack on the rule of law,” and emphasized that it constitutes an abuse of power that the Judicial Services Commission must address.
Waqanika also pointed out a previous instance where the Chief Justice intervened by instructing registries not to process charges filed by FICAC due to an unlawful arrest and detention. She noted that this established precedent led to significant consequences for those involved at FICAC.
The dialogue surrounding FICAC’s leadership has sparked a growing public and legal discourse regarding the ramifications of Justice Tuiqereqere’s judgment on ongoing and future prosecutions. The outcome of these discussions could potentially lead to substantial changes within the commission and a renewal of trust in the legal system. The call to action from legal figures such as Rayawa and Waqanika highlights the importance of adhering to the rule of law, which is essential for maintaining public confidence in the judiciary and governmental institutions.