Charters takes FICAC appointment, charges to court

Charlie Charters has filed High Court judicial review proceedings challenging the appointment of Acting Fiji Independent Commission Against Corruption Commissioner Lavi Rokokia and decisions that led to a stop departure order and criminal charges against him.

In an application filed in the High Court in Suva on September 21, Mr Charters is seeking declarations that the decisions were unlawful and void, as well as damages over his detention and alleged breaches of his constitutional rights.

The application names the President, Prime Minister and Attorney-General as respondents, along with Ms Rokokia and FICAC. The Judicial Services Commission is listed as an interested party.

The claims have been made by Mr Charters in his application and have yet to be determined by the court.

Appointment challenged

Mr Charters is challenging advice allegedly given by the Prime Minister to the President on or about May 28, 2025, for Ms Rokokia to be appointed Acting FICAC Commissioner.

He is also challenging the President's subsequent decision on or about May 29, 2025, to make the appointment.

Mr Charters claims the appointment required a recommendation from the Judicial Services Commission following consultation with the Attorney-General.

According to the application, the Judicial Services Commission did not make a recommendation for Ms Rokokia's appointment and was not consulted by the President for that purpose.

The application refers to a February 2, 2026 court decision which, Mr Charters claims, declared that the Prime Minister had no authority to advise the President in relation to the office of Commissioner.

Stop departure order, charges challenged

Mr Charters is also challenging a stop departure order allegedly issued against him by Ms Rokokia on or about February 21, 2026.

He further challenges her February 23 decision to charge him with two counts of aiding and abetting contrary to section 45 of the Crimes Act 2009, read with section 13G(1) of the FICAC Act.

His application argues that because Ms Rokokia was not lawfully appointed to act as Commissioner, she did not have the lawful authority to issue the stop departure order or make the charging decision.

Mr Charters also alleges his constitutional rights were breached.

The application states he was detained from 12.23pm on February 21 until his release on bail on February 23, 2026.

It claims he was not charged until 1.01pm on February 23 and was not brought before a court until 3.30pm that day.

Damages sought

Mr Charters is seeking damages arising from what he alleges was false imprisonment and misfeasance in public office, together with alleged constitutional rights violations.

He claims losses including legal expenses, loss of earnings, reputational injury, distress and humiliation.

He is seeking special, general, vindicatory, aggravated and exemplary damages.

The application also alleges Ms Rokokia exercised powers knowing she had no lawful authority to do so, or was recklessly indifferent to whether she had such authority.

Those allegations have not been tested or determined by the court.

Mr Charters is also seeking costs and other relief the court considers appropriate.

The application was filed by Fatiaki Law.