Court cautions Malimali, Waqanika to refrain from public commentary in case

The Suva Magistrate Court has again advised lawyers Tanya Waqanika and Barbara Malimali to refrain from making public comments about an ongoing case involving an alleged political post.

Waqanika faces one count of publicly indicating opposition to a political party through a Facebook post opposing the Social Democratic Liberal Party on April 29 last year.

The charge is brought under Section 14(7) of the Political Parties (Regulations, Conduct, Funding and Disclosures) Act 2013.

Fiji Independent Commission Against Corruption (FICAC) lawyer Rusiate Doidoi told the court the defendants had continued to make public commentary about the matter, which he said risked prejudicing proceedings.

Defence lawyer Barbara Malimali said the issue had previously been raised in the High Court and described the situation as “I punch you and you punch me”.

She said there were other matters before both the High Court and the Magistrates Court involving her and FICAC.

Malimali said she had recently succeeded in a civil case in the High Court and that appointing authorities were now determining who was the Commissioner.

She also told the court that three applications before the High Court were challenging the position of Acting FICAC Commissioner Lavi Rokoika.

Magistrate Prasad reminded all parties of the need to maintain the integrity of court proceedings.

Doidoi filed an amended charge and additional disclosures yesterday, including a statement from a senior official.

Both parties agreed to reserve for trial the question of whether the alleged offence occurred during an election period.

The defence was given 28 days to review the amended charge and disclosures. Waqanika is expected to take her plea on March 24.

She remains on bail.