Lawyer alleges bad faith in FICAC investigation against Charters

Lawyer Seforan Fatiaki has raised several issues over the charges laid against former journalist Charlie Charters by the Fiji Independent Commission Against Corruption (FICAC).

Mr Fatiaki is seeking a permanent stay of the criminal proceedings against Charters.

The matter came before Justice Pita Bulamainaivalu at the High Court in Suva yesterday, where Mr Fatiaki confirmed the defence had filed a Notice of Motion.

The application raises several issues relating to the charges laid against his client by FICAC.

Charters faces two counts of aiding and abetting under the Crimes Act and the FICAC Act.

The charges relate to allegations that he published official FICAC information on his Facebook page, “Charlie Charters”, without written approval from the FICAC commissioner.

The first charge alleges that between November 2 and December 14, 2025, Charters helped a FICAC officer commit an offence by publishing official information online. The second charge relates to another alleged publication made on February 2 this year.

During the hearing, Mr Fatiaki questioned the legality of Acting FICAC Commissioner Lavi Rokoika’s appointment and claimed the investigation and prosecution against Charters were carried out in bad faith.

He also alleged that FICAC officers approached Charters on three occasions and offered to release him if he identified the officer who allegedly leaked information to him.

The defence further argued there was insufficient evidence to prove which FICAC officer provided the information to Charters.

Mr Fatiaki also submitted that the charges breached Charters’ right to freedom of expression and undermined protections afforded to whistle-blowers.

He further claimed there was possible bias and a conflict of interest because Charters had previously written extensively on social media about Ms Rokoika.

Appearing for FICAC, Ms Rokoika told the court her response affidavit would be filed by May 25.

The court directed the defence to file its response by June 8, while both parties must submit written arguments by June 17.

The hearing has been scheduled for June 19. The matter will return to court for mention on June 12.