News
Court Rejects Kamikamica Permanent Stay Application
Posted by Media Team 5 May 2026
The Suva High Court has refused an application for a Permanent Stay of Criminal Proceedings filed by former Deputy Prime Minister Mr Manoa Kamikamica in relation to charges brought against him by the Fiji Independent Commission Against Corruption (FICAC).
Justice Siainiu Fa’alogo Bull delivered her ruling this afternoon.
The Court found that Mr Kamikamica’s application did not meet the legal threshold required to grant a stay.
In her ruling, Justice Bull stated that any challenge to the appointment of FICAC Acting Commissioner Ms Lavi Rokoika ought to be pursued by way of judicial review proceedings in the civil jurisdiction, rather than through a stay application in criminal proceedings.
Her Ladyship further noted that a stay application was not the appropriate forum for such a challenge, particularly as other relevant parties, namely the Prime Minister and the President, were not before the Court.
Justice Bull held that she was not satisfied that the applicant had discharged the burden of proof to demonstrate that it was more likely than not that Ms Rokoika knew, or ought to have known, that her appointment was unlawful.
The Court also noted that since 29 May 2025, Ms Rokoika has acted in the office to which she was appointed and has performed, and continues to perform, the functions of that office.
Accordingly, the de facto doctrine applies, and the charges laid are valid.
In addressing the grounds of alleged conflict of interest and lack of impartiality, arising from Ms Rokoika’s previous role as counsel for Mr Kalaveti Ravu in the Commission of Inquiry, Justice Bull stated that the applicant’s concerns of predisposition were speculative and unsupported by evidence.
The Court found that, apart from Ms Rokoika’s role as counsel for Mr Ravu, there was no evidence suggesting mala fides or egregious conduct of a nature that would justify the granting of a permanent stay of proceedings in the Magistrates Court.
On the final ground raised by the applicant - namely, that the disclosed evidence demonstrated a complete absence of criminal wrongdoing - Justice Bull ruled that this claim was without merit.
Accordingly, the application for a permanent stay of proceedings was refused.
Mr Kamikamica is charged by FICAC with one count of Perjury, contrary to Section 176(1) of the Crimes Act 2009.
It is alleged that between 1 December 2024 and 31 March 2025, in Suva, Honourable Kamikamica knowingly made a false statement under oath, claiming that he had nothing to do with the appointment of the FICAC Commissioner.
In the alternative, he faces one count of Giving False Information to a Public Servant, contrary to Section 201(a) of the Crimes Act 2009, for allegedly providing the same false information to the Commissioner of Inquiry (COI).
