Prime Minister Sitiveni Rabuka knew that Lavi Rokoika's appointment based on his recommendation was illegal as he had indicated that amendments will be made to the FICAC Act to make the Constitution Offices Commission as the appointing authority.
This has been highlighted by Suva Lawyer Tanya Waqanika's counsel Barbara Malimali in the case where they have applied for a permanent stay against charges laid on her by FICAC.
Malimali adopted King's Counsel Martin Daubney's argument on the validity of Rokoika’s appointment and its effect in former Deputy Prime Ministers Professor Biman Prasad and Manoa Kamikamica’s permanent stay application against their FICAC charges.
Rokoika also adopted their response in those cases for Waqanika's matter.
While making her submission, Malimali says in a letter to the President on the recommendation on the findings of the Commission of Inquiry into her appointment as FICAC Commissioner, Rabuka recommended, pursuant to Section 82 of the Constitution, that either Eliesa Tuiloma or Rokoika be appointed as Acting Commissioner.
In the letter, Rabuka had also said the Government will prioritize the amendment to the relevant provisions of the FICAC Act to remove the Judicial Services Commission and replace it with the COC as the appointing authority of the Commissioner and Deputy Commissioner of FICAC.
Waqanika is charged by FICAC in relation to a facebook post on April 19th, 2024.
The charge is brought under Section 14(7) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.
Waqanika is charged by FICAC for allegedly breaching Section 14 of the Political Parties Act.
It is alleged that on or about 19 April 2024, while serving as a public officer, namely a Board Member of Investment Fiji and Telecom Fiji Limited, Waqanika publicly indicated opposition to the political party SODELPA.
Justice Siainiu Fa’alogo Bull is expected to deliver her ruling on 6 May; however, if a decision is made in Kamikamica and Professor Prasad’s cases on 24 April or 1 May, the ruling will be delivered earlier.
