Court questions ongoing evidence gathering in Charters case

Questions are being raised in court over whether it is fair for investigators to continue gathering evidence after a person has already been charged.

Lawyer Seforan Fatiaki, representing former journalist and sports marketing expert Charlie Charters, argued that a case should be complete by the time it reaches court.

They appeared before Magistrate Shageeth Somaratne at the Suva Magistrate Court yesterday.

Fiji Independent Commission Against Corruption (FICAC) lawyer Rusiate Doidoi said officers were still analysing electronic devices seized from Charters.

While key material had already been identified, he said more time was needed to review the information and prepare the necessary legal applications.

Mr Doidoi said investigators had extracted evidence relating to the first charge, but work was ongoing on the second and the process was not yet complete.

However, Mr Fatiaki disagreed, arguing that once a person is charged, the evidence should already be finalised.

He told the court that FICAC had completed its investigation before laying charges, but was now indicating that the investigation was continuing.

He asked the prosecution to file a sworn affidavit outlining the details presented in court so the defence could respond to the request for more time.

Charters is on bail and faces two counts of aiding and abetting under the Crimes Act.

It is alleged that between November and December last year, he helped a FICAC official publish confidential information without approval by posting it on his Facebook account.

A second similar allegation relates to a post made in February this year.

The court has ordered FICAC to file a supplementary affidavit by Thursday.

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