Lawyers representing former Commissioner Central Inoke Devo are this week expected to appeal High Court Judge Justice Nazhat Shameem's ruling last week and question why she has decided not to make a ruling on the legality of FICAC.
After Judge Shameem ruled last week that FICAC does not have the authority to file charges in the High Court, she also ordered that the legality of FICAC and the various promulgations would be dealt with through the case filed by Ousted Prime Minister Laisenia Qarase against the Interim prime Minister and others.
However, Devo's Lawyer Devinesh Sharma revealed in the Magistrates court while representing former Post Fiji Limited General Manager Peni Mau, who is also charged by FICAC that they will appeal the decision.
Sharma stressed that there was relevant information provided to Judge Shameem from both counsels on FICAC's legality and the Judge has avoided answering these constitutional questions by depending on the outcome of the Qarase case.
They are expected to file the appeal in the Suva High Court in the next few days.
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