Charters Challenges Rokoika Appointment in High Court

Sports marketing executive Charlie Charters has filed proceedings in the High Court challenging the lawfulness of Lavi Rokoika’s appointment as acting Commissioner of the Fiji Independent Commission Against Corruption (FICAC).

Charters has applied for leave to seek judicial review and is seeking an expedited hearing. He said the action was not motivated by revenge following his previous prosecution by FICAC.

“You could say that by choosing to go after me FICAC picked the wrong person to wrong but this is absolutely not a revenge mission,” Charters said.

The move follows the High Court’s July 24 decision to permanently stay FICAC’s prosecution of Charters. The Court found breaches of his constitutional rights and abuse of process, while describing the prosecution as “inevitably or foredoomed to fail”.

The Court, however, did not determine the legality of Rokoika’s appointment, with that question requiring judicial review.

Charters said the issue should be resolved before Fiji’s next general election because of FICAC’s role in investigating and prosecuting electoral offences.

According to Charters, the proceedings name the President, Prime Minister, Attorney-General, Rokoika and FICAC, with the Judicial Services Commission named as an interested party. Suva lawyer Seforan Fatiaki is representing him.

Charters is also pursuing a related damages claim, alleging that the FICAC prosecution resulted in significant personal, financial and reputational consequences, including the loss of his Hong Kong-based employment.

He said the judicial review is intended to settle the question of whether Rokoika was lawfully appointed and therefore authorised to exercise the powers of the FICAC Commissioner.