Legal counsel for former diplomat Solo Mara claims the action of FICAC officers on 24th January this year are tainted with illegality.

Lawyer Devanesh Sharma made this submission while making a no case to answer application in the Suva Magistrates Court this morning.

Mara is charged with one count each of disobedience of lawful order and giving false or misleading information.

Sharma argued there was no resistance to the search warrant executed by FICAC officers at his premises on the 23rd and 24th of January, however, the warrant is limited to search and seizure and does not allow FICAC to question a person.

During the hearing, it was revealed that one of the search warrants was executed in the evening and Sharma argues there is nothing in the FICAC Act allowing this unless authorized by the court.

Sharma says his client was harassed and unlawfully detained for three days based on a non-criminal offense and that FICAC officers had failed to respect his rights.

While the search warrant was being executed, Mara liaised with a lawyer and refused to provide the password to his personal email account, and was arrested for allegedly disobeying a lawful order.

Sharma today argued that if a suspect wishes to remain silent, FICAC cannot force a person to reveal his password.

He also alleged that FICAC used sneaky tactics but failed to provide evidence that Mara had in fact given the investigators a password which was written on a diary page.

A FICAC witness testified this week that Mara gave them a password, but their forensics team later found out that it had been changed two months prior.

Sharma went on to say that there is no evidence to show that Mara had given a false password or that it was changed.

FICAC in response said that there is no evidence that Mara had ever called any lawyer for legal advice while his home was being searched.

He also said that the right to remain silent is given to an accused, for a person to be charged and produced in court, and that there is silence on the investigation.

The court will rule on the no case to answer submission on the 25th of November.