Evidence presented in the High Court states that Acting FICAC Commissioner Lavi Rokoika does not care what the Judicial Services Commission says, as she is not answerable to them.
This was revealed during proceedings in the case where former Deputy Prime Ministers Professor Biman Prasad and Manoa Kamikamica have filed applications for a permanent stay on the proceedings brought against them by FICAC.
King’s Counsel for Professor Prasad and Kamikamica, Martin Daubney, called his witnesses — journalists Lavinia Lativerata of Mai TV and Jake Wise of The Fiji Times.
Rokoika objected to the playing of their recordings in court, arguing that the transcripts had already been provided and the audio was irrelevant.
However, Daubney argued the recordings were relevant, and Justice Siainiu Fa’alogo Bull upheld the application.
In an off-the-record recording provided by Lativerata, Rokoika is heard saying she is answerable to the person who appointed her.
She is also heard stating that the Judicial Services Commission did not provide her with the terms and conditions of her appointment, as they did not recommend her and had refused to do so.
Rokoika further says the Commission does not recognise her, and she does not need its recognition as she has a warrant from the President to carry out the role.
She claims the President used his executive authority to suspend and remove Barbara Malimali as FICAC Commissioner and appoint her.
Rokoika adds that she currently holds the position and that if the President no longer wants her in the role, he can remove her.
Meanwhile, Fiji Times journalist Jake Wise presented a recording of an interview with Prime Minister Sitiveni Rabuka dated 22nd October, where Rabuka is heard saying they could not secure the cooperation of the Judicial Services Commission.
Rabuka is also heard stating that the appointment was made through a direct recommendation from the Prime Minister to the President.
When questioned on the legality of the appointment, Rabuka responded that if it is a legal matter, it is for the law to determine.
Rokoika chose not to cross-examine the two journalists.
Professor Prasad faces two counts of failure to comply with statutory disclosure requirements and one count of providing false information in a statutory declaration, allegedly omitting his directorship.
Manoa Kamikamica is charged with one count of perjury and one count of providing false information to a public servant.
While the charges arise from separate cases, the court is hearing their applications together as both challenge the validity of Rokoika’s appointment.
Submissions on other grounds of their stay application will be heard tomorrow.
Stay with us for updates.
