The High Court has questioned whether a Magistrate was aware of an existing permanent stay order when a search warrant was issued against journalist and sports marketing expert Charlie Charters.
The issue arose in court today after Charters’ defence told the High Court that he went to the police station to collect seven electronic devices following an earlier High Court order directing police to return them.
Instead, the defence said Charters was served with a fresh search warrant issued by a Magistrate and his devices were re-seized.
This happened after Charters’ case had already been granted a permanent stay in the High Court.
Charters was charged by the Fiji Independent Commission Against Corruption with two counts of aiding and abetting over the alleged publication of official FICAC information on his Facebook account.
The sitting Justice questioned whether the particular Magistrate was aware of the permanent stay order before issuing the search warrant.
The court also noted that police were not present at today’s hearing and directed the Office of the Director of Public Prosecutions to facilitate an inter-party appearance when the matter returns to court next Monday.
The case has taken a dramatic turn after the High Court last week ordered police to return the seven electronic devices to Charters, only for the devices to be seized again under the subsequent court order.
Charters, who holds joint Fiji and British citizenship, says the devices contain medical applications he uses to manage his throat cancer and heart condition, as well as financial applications and hard drives containing his work. He says he has been unable to access the devices for six months.
In a statement, Charters said the police action contradicts an earlier High Court ruling by Justice Bulamainaivalu. He has also raised concerns over what he describes as errors in the search warrant documentation, which he says will form part of his submissions to the court.
Charters says the matter also raises “uncomfortable questions” about the government’s record on media freedom.
The matter will return to the High Court next Monday.

Josefa Sigavolavola