Ex-Fiji Rugby executive says anti-corruption agency 'not fit for purpose' after court victory

Charlie Charters, a former Fiji Rugby Union executive and journalist, has declared the country's anti-corruption agency "not fit for purpose" following a significant legal victory. The Fiji High Court permanently stayed criminal proceedings against Charters two weeks prior, ruling that the Fiji Independent Commission Against Corruption (FICAC) had violated his constitutional rights and abused court processes.

FICAC had charged Charters in March with two counts of aiding and abetting an unidentified whistleblower to unlawfully disclose official information. However, Justice Pita Bulamainaivalu found that Charters' rights to freedom of speech, expression, thought, opinion, and publication were violated by FICAC. The court also found that his right not to divulge journalistic sources was infringed.

“

I was grateful that the High Court decision sent as loud and crystal-clear a message as it did in the ruling but it should not have come to this and that FICAC broke very basic prosecution rules.

Charters hailed the ruling as a victory for justice, asserting that Fiji needs to critically examine its approach to fighting corruption. He stated that if successful prosecutions are the measure of success, then FICAC is failing. Charters expressed gratitude for the High Court's clear message but emphasized that the situation should never have escalated, given FICAC's alleged breach of basic prosecution rules.

“

Everyone came to understand that this was how FICAC operated under Bainimarama (former Prime Minister Frank Bainimarama), a way to take out regime enemies or political opponents.

He further alleged that FICAC operated under former Prime Minister Frank Bainimarama's administration as a tool to target political opponents. Charters noted that Prime Minister Sitiveni Rabuka campaigned on a promise to close FICAC and integrate its resources into the police force. However, he contends that FICAC continues to operate similarly under the current government, ensnaring government opponents in ultimately unsuccessful prosecutions.

Charters pointed to ongoing cases against former deputy prime ministers Manoa Kamikamica and Professor Biman Prasad, suggesting that if they face similar outcomes, citizens should be outraged by the lack of change between administrations. He likened the situation to the Bainimarama government creating a "weapon" that the Rabuka government found "quite useful" and decided to "use the weapon a little bit themselves."

“

But FICAC has continued to operate in the same fashion today - tying up government opponents in ultimately unsuccessful prosecutions like myself.

FICAC has not yet issued a public statement regarding the High Court's ruling in Charters' favor. The agency has 30 days to appeal the decision to the Fiji Court of Appeal.

“

It's like Bainimarama created the weapon, the Rabuka government told everyone they would get rid of the weapon. But when they got into office, Rabuka's government found the weapon was actually quite useful.