Manoa Kamikamica at the Suva High Court this morning

Former Deputy Prime Minister and Minister for Trade, Co-operatives, Small and Medium Enterprises and Communications, Manoa Kamikamica, appeared before the Suva High Court this morning for the first call on a notice of motion seeking a permanent stay of criminal proceedings.

Defense Counsel Wylie Clarke informed the court that the application is invoking the High Court’s supervisory jurisdiction.

Clarke says that allowing the matter to proceed in the Magistrates Court would undermine the integrity of the judicial process, as the central issue concerns the validity of the appointment of the Acting Commissioner.

Clarke said that the Judicial Services Commission was not involved in the appointment process, and that the appointment was fundamentally flawed.

He said that any actions carried out under that appointment were therefore null and void, including the charges filed against Kamikamica.

The defense also highlighted that former deputy Prime Minister and Finance Minister Professor Biman Prasad has also filed a matter in the High Court seeking similar relief through the court’s supervisory jurisdiction.

Clarke suggested that both matters be heard together.

FICAC counsel and Acting Commissioner, Lavi Rokoika told the court that independent counsel is expected to be engaged due to allegations made against her in the supporting affidavit, including matters linked to her current role and private practice.

She said that two issues have been raised in the motion including the appointment validity and alleged insufficiency of evidence.

She said that the first matter amounts to a constitutional redress application disguised as a criminal stay, while the second matter can be managed under existing criminal procedure.

Clarke however said that the matter is not a constitutional redress issue but a supervisory one.

The High Court Judge said that she will not issue any direction today but has adjourned the matter for next Wednesday for mention where the court is expected to consider timelines and procedural directions, including whether further affidavits will be filed.

In this matter Kamikamica is charged with perjury and giving false information to a public servant.

The charges were filed following investigations linked to the Commission of Inquiry report into the appointment of Barbara Malimali as FICAC Commissioner.

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