The hearing in the matter where former Deputy Prime Ministers Professor Biman Prasad and Manoa Kamikamica’s application for a permanent stay on the proceedings brought against them by FICAC has begun in the Suva High Court this morning, however, Acting FICAC Commissioner Lavi Rokoika has objected to their witnesses.
Professor Prasad and Kamikamica are being represented by King's Counsel Martin Daubney who had called his witnesses - journalists Lavinia Lativerata from Mai TV and Jake Wise from Fiji Times.
Rokoika objected, stating that their evidence is not relevant and if the witnesses are brought in, it will create a trial within a trial.
She stressed nothing the two witnesses bring will add to a fair trial.
Rokoika also highlighted that in terms of her appointment, no court or jurisdiction has made a finding about her appointment, however, Justice Siainiu Fa'alogo Bull stopped her as this is a matter for the hearing.
Rokoika also said that this is nothing but an act to embarrass the Acting Commissioner.
Justice Bull said she does not recall any objection to the calling of the witnesses before the hearing, however she notes there was some resistance.
In his argument, King's Counsel Martin Daubney said the argument of relevance falls ill as it is FICAC's argument that makes it relevant.
He said FICAC had submitted that they do not concede that the appointment was unlawful but even if it was, FICAC rely on the de-facto officer doctrine which states that FICAC seeks to legitimize their conduct by bringing in the criminal proceedings.
He says this de-facto officer doctrine is not applicable here as the officer must believe that their appointment was legitimate, however, the evidence they seek to submit makes it clear that Rokoika knew she lacked authority.
Daubney says the Lativerata will adduce a recording of an interview with Rokoika stating this.
He also says that Wise will produce an interview with the Prime Minister Sitiveni Rabuka in which he confirmed that the Acting Commissioner was appointed on his recommendation because he failed to get the cooperation of the Judicial Services Commission.
He stressed that the evidence is directly relevant because FICAC made it relevant.
Justice Bull ruled that the evidence is relevant.
However, while Lativerata was giving her evidence and provided the recordings, Rokoika objected, stating that the transcript of the interview is sufficient, especially because it was off the record and she had mentioned this twice.
Daubney then sought to speak to the FICAC counsel and the judge alone and called for a closed court.
Following the meeting, the case has been adjourned for a short break.
Professor Prasad is charged with two counts of failure to comply with statutory disclosure requirements.
He is also charged with providing false information in a statutory declaration, having allegedly recklessly submitted a declaration that omitted his directorship, rendering it materially false.
Kamikamica is charged with one count of perjury, and giving false information to a public servant.
Meanwhile, Justice Bull has allowed Tanya Waqanika and her counsel Barbara Malimali to sit in for the hearing as they have their hearing on Friday on similar application and argument.
Stay with us for updates.
