FICAC grossly misusing it's powers against Charters - Fatiaki

Fijian national, Charlie Charters lawyer, Seforan Fatiaki has written a stern letter to FICAC today, saying FICAC is grossly misusing the powers given to it to aid its investigations against Charters.

Fatiaki says Charters’ caution interview was suspended at 12.43pm yesterday and has not resumed, and they have had no explanation for this and FICAC investigators have not returned his calls as of 5.15pm.

The lawyer says the delay is unreasonable and means only a delay in the whole investigation process forcing Charters to spend another night in custody.

He says just because FICAC has 48 hours before it is required to produce Charters in court does not mean it can use it with impunity.

Fatiaki says it is evident from FICAC’s conduct that its principal interest in Charters is not as a suspect but as a source of information.

He adds if Charters will not volunteer that information FICAC cannot use its powers of detention and arrest to pressure him into giving it.

He says from what has already been said to Charters, in front of witnesses, that is FICAC’s clear purpose in exercising its powers of arrest and departure prohibition.

Fatiaki says Charters has declined to answer any questions from FICAC and will continue to do so.

He says Charters has been advised that he is under suspicion of aiding and abetting a FICAC officer in disclosing FICAC information without authority.

Fatiaki says FICAC has not identified the FICAC officer Charters is suspected of aiding or abetting and it is clear that FICAC does not know who that officer is.

He says Mosese Matanisiga of FICAC is on record saying at least three times to Charters (in front of witnesses including, at different times, Charters’ wife and two lawyers) that if he discloses the source of his information to FICAC he will be released and will not be subject to further investigation.

Fatiaki says it was made clear that Charters’ arrest and detention were carried out for the sole purpose of extracting that information from him.

He says based on these facts, they make the observations that Charters has not been arrested for the purposes of a bona fide investigation.

Fatiaki says Charters has been arrested – and prevented from leaving Fiji - as a means of coercing him to give information to FICAC about another investigation.

He also asks how FICAC could ever formulate a charge against Charters for “aiding and abetting” when it does not even know who he is suspected of “aiding and abetting”.

Fatiaki says all of Charters’ rights in this respect are reserved and FICAC is placed on notice accordingly.

Acting FICAC Commissioner, Lavi Rokoika has not made any comments despite repeated requests by fijivillage News.