High Court denies Rokoika's objection to journalists evidence

The High Court in Suva has ruled that two journalists can give evidence in a hearing involving an application by former Deputy Prime Ministers Manoa Kamikamica and Biman Prasad.

Mai TV journalist Lavenia Lativerata and The Fiji Times journalist Jake Wise are expected to take the stand in the matter, which challenges the appointment of Acting Commissioner of the Fiji Independent Commission Against Corruption, Lavinia Rokoika.

During proceedings, Ms Rokoika objected to the inclusion of the journalists’ evidence, arguing it was irrelevant and did not meet the threshold required to establish that a fair trial could not be held or that there had been an abuse of process.

She referred to a similar application by Justin Ho against FICAC, where the court had indicated that entertaining such arguments could amount to a “trial within a trial”.

Ms Rokoika also argued that the proposed evidence related to an interview concerning her salary from the Judicial Services Commission, which she said was not relevant to the case.

She said her lawyers had previously raised multiple objections to the witnesses.

King’s Counsel Martin Daubney, representing the applicants, told the court Ms Rokoika relied on the de facto doctrine, arguing she was unaware her appointment was unlawful and therefore should not be disqualified from actions taken while in office.

Mr Daubney challenged that position.

“She knew she liked the authority,” Mr Daubney said.

“She knew about the seriousness of the allegation against her.

“The evidence is relevant because they made it relevant.”

The court heard that Ms Lativerata is expected to tender an audio recording and transcripts of her interview with Ms Rokoika.

Mr Daubney also told the court that Prime Minister Sitiveni Rabuka had confirmed Ms Rokoika’s appointment on behalf of the President, Ratu Naiqama Lalabalavu, citing a lack of cooperation with the Judicial Services Commission.

Ms Lativerata began giving evidence when the matter resumed after a short adjournment.