Nikhil Aiyush Kumar 
[Photo: File]
The Suva High Court has ordered the Commissioner of Police to release former journalist Charlie Charters’ personal device.
The matter was called before Justice Pita Bulamainaivalu this morning.
Acting Director of Public Prosecutions Nancy Tikoisuva and Senior Legal Officer from the Attorney General’s office, Tevita Cagilaba, appeared on the orders of the High Court.
Cagilaba told the court they are constitutionally barred from representing the COMPOL in criminal proceedings as stated in Section 117 subsection 2, D of the Constitution.
The Acting DPP told the court that after the stay was granted, all the proceedings should have been stopped and all items should have been released.
Tikoisuva said that the matter was transferred to the police by the Fiji Independent Commission Against Corruption, which they are not supposed to do.
She said that FICAC cannot delegate it to the police without the knowledge or consent of the DPP, according to section 55 subsection 3 of the Criminal Procedure Act.
The Judge told the court that the Head of the Police Prosecution should have alerted them about this from the beginning.
Justice Bulamainaivalu questioned why the Compol and the FICAC are trying to circumvent the law.
He also said that such acts risk undermining public confidence in the judiciary.
He ordered that Charter’s personal devices be released, and an order will be issued by 12.30pm.
No cost was sought by Charter’s lawyers.
