A significant legal challenge has emerged regarding the authority of Lavi Rokoika, the acting Commissioner of the Fiji Independent Commission Against Corruption (FICAC), to prosecute former Deputy Prime Minister and Minister for Trade, Manoa Kamikamica. The issues were brought to light during a court hearing presided over by Magistrate Charles Ratakele, where lawyer Wylie Clarke argued on behalf of Kamikamica, who is facing perjury charges for allegedly making false statements regarding his role in the appointment of FICAC Commissioner Barbra Malimali.
Clarke has deemed the charges against Kamikamica as “fundamentally defective,” claiming that Rokoika’s appointment did not adhere to the stipulations of the FICAC Act or the 2013 Constitution. He asserted that without the necessary legal authority, Rokoika could not rightfully initiate these criminal proceedings. Furthermore, he described the charges of perjury and false information as vague, arguing that the evidence, particularly a text message presented during Kamikamica’s caution interview, failed to demonstrate any interference in the appointment process.
While it appears that FICAC will not drop the charges, Clarke plans to pursue a permanent stay of proceedings in the High Court, citing significant flaws in the handling of the case. In response to these developments, prosecutor Lilian Mausio pointed out that any concerns regarding Rokoika’s appointment should be addressed in the High Court, and that the defense could seek additional specifics under the Criminal Procedure Act.
FICAC has issued a statement clarifying that when the charges were filed on September 23, they faced obstacles in locating Kamikamica, which led them to issue a summons instead of pursuing an arrest. This case is anticipated to be revisited soon, marking a crucial point in Fiji’s legal and political environment, with potential ramifications for governance and accountability.
The ongoing legal proceedings underscore a growing demand for integrity and transparency within Fiji’s political institutions. Citizens harbor hopes that the investigations into Kamikamica’s case could prompt reforms that enhance trust in governance practices, contributing to a more accountable political landscape in the nation.