News
Joint Stay Proceedings for Former DPM’s Begins
Posted by Media Team 18 March 2026
The joint Permanent Stay of Proceedings hearings for former Deputy Prime Ministers, Manoa Kamikamica and Professor Biman Prasad began in the Suva High Court today.
The applications seek a permanent stay of the criminal proceedings against them in the Magistrates Court for charges laid by the Fiji Independent Commission Against Corruption (FICAC).
Both matters were called today before Justice Siainiu Fa’alogo-Bull, as they raise similar issues concerning the appointment of FICAC Acting Commissioner, Ms. Lavi Rokoika, and the validity of the charges.
Appearing for the applicants, King’s Counsel Martin Daubney called on two witnesses and journalists, Lavenia Lativerata of Mai TV and Jake Wise of The Fiji Times.
FICAC Acting Commissioner, Ms Rokoika, who appeared for the respondents objected, saying that the evidence of the two witnesses did not touch on the threshold of relevancy.
Justice Bull then ruled that the evidence sought is relevant to the court’s determination.
The court then heard the evidence of Ms Lativerata who had conducted an off-the-record interview with Ms Rokoika last year as well as an interview of Mr Wise with Prime Minister Sitiveni Rabuka, also last year.
The Kings Counsel then said that Ms Rokoika relied on the de facto doctrine in her submissions, claiming that she did not know her appointment was unlawful and that this should not disqualify her from the work she has done so far.
Ms Rokoika argued that…..
Mr Daubney also alluded to the recent ruling by High Court Judge Justice Dane Tuiqereqere on 2 February 2026 that the Prime Minister acted without constitutional authority in removing Barbara Malimali as FICAC Commissioner.
The King’s Counsel said that the respondents have never stated in their submissions that Justice Tuiqereqere’s ruling was wrong, however, Ms Rokoika countered this by saying that an appeal has been lodged and this is the position of the Commission.
Ms Rokoika added that the grounds raised by the applicants share the hallmarks of a civil address matter, and not a criminal stay of proceedings in regards to her appointment as FICAC Acting Commissioner.
She referred to rulings by the Supreme Court of Fiji.
In response, Mr Daubney stated that Ms Rokoika was aware that she was not appointed by the Judicial Services Commission (JSC).
He added this established that Ms Rokoika’s appointment was unlawful.
The hearing will continue tomorrow.
