High Court Judge, Justice Siainiu Fa’alogo Bull has refused former Deputy Prime Minister Manoa Kamikamica’s application for a permanent stay in proceedings brought against him by FICAC.
This means his FICAC case will continue in court.
It has been ruled that Kamikamica as the applicant has not met the grounds for a stay.
The ruling indicated that the challenge to Rokoika should be by way of a judicial review and the stay application is not the appropriate forum to decide on the validity of the appointment as the President and the Prime Minister are not before the Court.
It was also said that Kamikamica did not discharge burden that Lavi Rokoika knew her appointment was unlawful.
She adds that the
Defacto Doctrine applies and the charges are valid.
For the conflict of interest and bias issues, the judge says there was no evidence that FICAC manipulated the process of the Court.
It was also said that the evidence is not clear whether Lavi Rokoika is the prosecutor.
The judge says the alternative remedy exists and the stay is not warranted.
Kamikamica's application had challenged the validity of the appointment of Acting FICAC Commissioner, Lavi Rokoika, and further claims that there is insufficient evidence to proceed with the charges against Kamikamica.
His lawyers had also raised the issue that Rokoika already had a conflict of interest as she had represented Kalaveti Ravu who later gave evidence in the Commission of Inquiry contradicting Kamikamica.
Kamikamica is charged with one count of perjury and one count of providing false information to a public servant.
It is alleged that between 1st December 2024 and 31st March 2025 in Suva, he knowingly made a false statement under oath, claiming he had no involvement in the appointment of the FICAC Commissioner.
He is also charged with one count of giving false information to a public servant, contrary to Section 201(a) of the Crimes Act 2009, for allegedly providing the same false information to the Commission of Inquiry.
