The counsel for former Deputy Prime Minister Manoa Kamikamica, Wylie Clarke has told the court he has received confirmation from the Judicial Services Commission that they did not have anything to do with the appointment of Lavi Rokoika as the Acting Commissioner of FICAC.
Clarke has highlighted this in court as they, along with former Deputy Prime Minister Professor Biman Prasad, have applied for a permanent stay on their FICAC cases.
Both cases were called together before High Court Judge Justice Siainiu Fa'alogo Bull as they deal with similar issues relating to Rokoika’s appointment and the validity of the charges, and both parties will have the same King's Counsel.
Clarke says FICAC is skirting around the issue of JSC not being involved in the appointment.
He says he had written to the JSC who had confirmed that it played no part in the appointment.
Clarke says they have filed the response as supplementary affidavit.
Justice Bull has given FICAC seven days to respond.
Clarke also told the court that they intend to subpoena two journalists to come to court and confirm what was said by Rokoika and the Prime Minister in news articles.
He says in the articles, Rokoika indicated her awareness that perhaps her appointment was not done in the correct way.
The counsel says the Prime Minister, in the article, said he had made recommendations to the President.
Clarke says technically, these news articles are hearsay, so they want the journalists to appear and confirm what was said.
FICAC lawyer Josann Pene says this issue can be addressed in the affidavits or with the response Clarke will file.
Justice Bull says she will make a ruling on the issue relating to the subpoena on the 5th of February.
Meanwhile, Professor Prasad's counsel Ashish Nand informed the court that they also received a letter from the JSC.
He says based on the letter, Loraine Bhan prepared an affidavit and they seek time to file it today.
Upon FICAC counsel Joseph Work's request, Justice Bull granted him seven days to respond.
Nand also says that FICAC has also filed the affidavit of Asenaca Niumatawalu, which they will be responding to.
The hearing on Kamikamica’s stay application will take place on the 18th of March while hearing on Professor Prasad’s application will be on the 19th.
Justice Bull says the two applications will be heard back-to-back, with the 20th of March also set aside for any spillover.
Professor Prasad is charged with two counts of failing to comply with statutory disclosure requirements.
He is also charged with providing false information in a statutory declaration after allegedly recklessly submitting a declaration that omitted his directorship, rendering the document materially false.
Kamikamica is charged with one count of perjury and 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.
For his false information charge, he allegedly provided the same false information to the Commissioner of Inquiry.
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