FICAC faces legal challenge over Acting Commissioner appointment

The validity of cases brought by the Fiji Independent Commission Against Corruption (FICAC) against former Deputy Prime Minister Manoa Kamikamica and Professor Biman Prasad has come under scrutiny in the High Court.

In the latest development, the court heard that the Judicial Services Commission (JSC) had no role in the appointment of Lavi Rokoika as Acting FICAC Commissioner.

Counsel for Kamikamica, Wylie Clarke, told High Court Judge Justice Siainiu Fa’alogo Bull that FICAC had “skirted around” the issue, pointing to a letter from the JSC confirming it did not participate in the appointment process.

Clarke said the defence had filed a supplementary affidavit and intended to subpoena two journalists to confirm statements attributed to Rokoika and the Prime Minister in media reports, which he said suggested possible irregularities in her appointment.

FICAC lawyer Josann Pene told the court the matter could be addressed through affidavits. Justice Bull said she would rule on the subpoena application on February 5.

Counsel for Professor Prasad, Ashish Nand, told the court that they had also received confirmation from the JSC and would file a supporting affidavit.

FICAC has filed an affidavit from Asenaca Niumatawalu, which Prasad’s legal team will respond to. Both parties have been given seven days to file further responses.

The High Court has scheduled the hearing of Kamikamica’s permanent stay application for March 18, followed by Prasad’s on March 19, with March 20 reserved for any spillover.

Professor Prasad faces two counts of failing to comply with statutory disclosure requirements and one count of providing false information in a statutory declaration, relating to an alleged failure to declare his directorship.

Kamikamica faces one count of perjury and one count of giving false information to a public servant, arising from allegations that he falsely stated he had no involvement in Rokoika’s appointment between December 1, 2024, and March 31, 2025.

The developments have intensified scrutiny over FICAC’s appointment process and the legality of the charges.