The legitimacy of the acting Commissioner of the Fiji Independent Commission Against Corruption (FICAC), Lavi Rokoika, and her authority to prosecute is currently being challenged in court. This issue was raised by lawyer Wylie Clarke, representing former Deputy Prime Minister and Minister for Trade, Manoa Kamikamica, before Magistrate Charles Ratakele. Kamikamica is facing charges of perjury for allegedly making false statements under oath regarding his involvement in the appointment of FICAC Commissioner Barbra Malimali, as well as for providing false information to a public servant during a Commission of Inquiry (COI).
Clarke has argued that the charges against his client are “fundamentally defective,” asserting that Rokoika’s appointment did not conform to the guidelines outlined in the FICAC Act and the 2013 Constitution. He contends that without proper authority, Rokoika lacks the legal standing to initiate these criminal proceedings. In addition, Clarke labeled the perjury and false information charges as vague and unsupported, pointing out that evidence presented in Kamikamica’s caution interview—a text message—did not substantiate claims of interference in the commission’s appointment process.
While it is expected that FICAC will not withdraw the charges, Clarke has indicated that he plans to apply for a permanent stay of proceedings in the High Court, citing the fundamental flaws in how the case has been handled.
In response, prosecutor Lilian Mausio emphasized that the appropriate legal venue to address the concerns regarding Rokoika’s appointment is the High Court, suggesting that the defense has the option to seek further particulars under the Criminal Procedure Act.
FICAC released a statement clarifying that on September 23, when the charges were filed, they faced difficulty locating Kamikamica, leading them to opt for a summons rather than an arrest. The case is set to be recalled soon, underlining a pivotal moment in Fiji’s legal and political landscape, with significant implications for governance and accountability.
Overall, this unfolding legal drama reflects broader societal demands for integrity and transparency in Fiji’s political institutions. Many citizens are hopeful that the investigations into Kamikamica’s charges may serve as a catalyst for reforms, ultimately reinforcing trust in governance practices.