Member of Parliament, Manoa Kamikamica’s counsel, Wylie Clarke has filed an application to stay the proceedings on the grounds that Lavi Rokoika’s appointment as Acting Commissioner of FICAC was made without the involvement of the Judicial Services Commission, and that there is insufficient evidence to proceed with the charges against Kamikamica.
The matter was called before Suva High Court Justice Siainiu Fa'alogo Bull this morning.
Clarke says any act by Rokoika is also null and void and so the court has to determine whether her appointment is valid and it's consequences.
He also says the counsel for former Deputy Prime Minister and Minister of Finance Professor Biman Prasad, who is charged with failure to comply with statutory disclosure requirements by FICAC, has also made an application in court on similar grounds.
He suggests that the court hear both the matters as one Kings Counsel will be appearing for both Professor Prasad and Kamikamica.
In response, Rokoika says FICAC is looking for an independent counsel as the allegations have been made against her.
She also raised concerns that the issue regarding her appointment is a constitutional redress issue masked as something else and there is evidence against Kamikamica.
However, this was disputed by Clarke.
While discussing the timeline on when the matter will be heard in court, Rokoika says an affidavit regarding her appointment by the Commission will be filed.
Clarke also says they are considering filing more affidavits in support.
The matter has been adjourned to next Wednesday for mention.
Meanwhile, Kamikamica is charged with one count of perjury and one count of giving false information to a public servant.
It is alleged that between 1st December 2024 and 31st March 2025 in Suva, Kamikamica knowingly made a false statement under oath, claiming that he had nothing to do with the appointment of the FICAC Commissioner.
It is alleged that Kamikamica provided the same false information to the Commissioner of Inquiry.
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