“I don’t know them (JSC) from a bar of soap” — court hears Rokoika recording

An off-record recording played in a packed courtroom yesterday ap­peared to capture the Acting Com­missioner of the Fiji Independent Commission Against Corruption, Lavinia Rokoika, snubbing the Ju­dicial Services Commission (JSC).

The recording was presented as evidence by Members of Parlia­ment, Manoa Kamikamica and Bi­man Prasad, in the stay application challenging the appointment of Ms Rokoika.

Both MPs are seeking a permanent stay of proceedings against charges in the Suva Magistrates Court, ar­guing that Ms Rokoika was not lawfully in a position to sanction charges because her appointment was unlawful.

The eight minutes audio recording was tendered through the first witness, Mai TV senior journalist Lavenia Lativerata, who was subpoenaed last month- in which Ms Rokoika was heard criticising the JSC.

In the recording, Ms Rokoika confirmed she was officially hired and paid by the President.

“You asked me about JSC not recognising me — I don’t need JSC to recognise me, I didn’t go through the process,” Ms Rokoika said.

“They didn’t act — kila o au madaga au sega ni kila na caka ni COI qo (I don’t even know how this COI was done). The President used his executive powers to appoint me.”

When Ms Rokoika asked by another journalist about her “love and hate relationship with the JSC”, said: “I don’t know them because I have nothing to do with them.

“I don’t know them from a bar of soap. Chief Registrar and all these people. Mr Salesi Temo used to work with my father, who was a magistrate here in Fiji, so that’s the relationship I know, but all of them, au sega ni kilai ira (I don’t know them).

“Au sega ni vikilai kei ira na qase dau gunugunu yaqona” (I don’t talk to grog swipers.)

Ms Rokoika also said her acquaintance with the Chief Justice was only out of courtesy, describing him as “the head boy of all lawyers in Fiji- au respect taki CJ (I respect the CJ)”, and that she respected him in that role.

She said the only reason she was hired was because of a lack of cooperation with the JSC.

Ms Rokoika objected to the playing of the audio recording, noting that a transcript was already available.

However, King’s Counsel Martin Daubney then sought a 10-minute closed court session to address the issue before the matter resumed almost half an hour later.

Applicants’ submissions

Mr Daubney told the court that pursuant to Sections 82 and 115(12) of the 2013 Constitution, the President acted unlawfully in taking advice from the Prime Minister to appoint Ms Rokoika.

He said the JSC remains the lawful appointing body for the FICAC Commissioner.

“If the Prime Minister’s advice was wrong, then that is a clear determinant that Ms Rokoika’s appointment was also unlawful,” he said.

He told the court that 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,” he said.

“She knew about the seriousness of the allegation against her. The evidence is relevant because they made it relevant.”

The hearing will continue today with Ms Rokoika to continue her rebuttals.