Former Deputy Prime Minister, Manoa Kamikamica's defence lawyer, Wylie Clarke says the two counts against his client fail now even though FICAC might have proven a Commission process, but it does not prove the elements of either offence.
While making his submission on the no case to answer application, Clarke said FICAC's case had already collapsed on Tuesday, as a result of the evidence given by Janet Mason, the counsel assisting with the COI, and also the evidence that she did not give.
He says no evidence or falsity for the expressly pleaded statement has been shown as the amended charge itself alleges that Kamikamica made a statement which he knew to be false or did not believe to be true.
The defence lawyer says FICAC must prove that allegation, and it did not, and while Mason could prove the commission process, she had no direct knowledge of what Kamikamica knew, believed, or intended.
He says Kalaveti Ravu's diary was admitted only as proof that entries were made, not for the truth of their context, while Ravu gave no other relevant evidence in his proceedings.
Clarke says the 3rd December 2024 letter to Kamikamica did not identify prior knowledge of Barbara Malimali's appointment as an issue.
He says Mason did not put that question directly to Kamikamica and accepted that the Commission did not pursue the issue because it was outside the terms of reference.
In response, FICAC counsel Josann Pene stated that Section 176.1 of the Crimes Act stipulates that any person who willfully makes a statement material in that proceeding, which he or she knows to be false, or does not believe to be true, commits an indictable offence.
Pene says the elements of the offence are the identity of Manoa Kamikamica, the person is often sworn as a witness in a judicial proceeding pertaining to an inquiry into the appointment of the FICAC Commissioner, and that he or she made a material statement claiming that he had no knowledge of the appointment of the FICAC Commissioner prior to the case of an offence pertaining to a criminal case, and that he knew the cause but does not believe it to be true.
Magistrate Charles Ratakele will deliver his ruling on 3rd August.
Kamikamica is charged with perjury and giving a false statement to a public servant.
