Police ordered to release Charters’ devices

The Suva High Court has mandated the Commissioner of Police to return personal devices seized from former journalist Charlie Charters. Justice Pita Bulamainaivalu issued the order after hearing arguments from the Acting Director of Public Prosecutions, Nancy Tikoisuva, and Senior Legal Officer Tevita Cagilaba. Cagilaba informed the court that they are constitutionally prohibited from representing the Commissioner of Police in criminal proceedings, as per Section 117 subsection 2, D of the Constitution. Tikoisuva added that the matter should not have been transferred to the police by FICAC without the consent of the Director of Public Prosecutions, citing Section 55 subsection 3 of the Criminal Procedure Act. The judge expressed concern over the handling of the case, questioning why the police and FICAC appeared to be circumventing established legal processes. Justice Bulamainaivalu stated that such actions could potentially erode public trust in the judiciary. Consequently, the court ordered the immediate release of Charters' personal devices, with the official order expected by 12:30 PM. Charters' legal team did not seek any costs related to the proceedings.

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After the stay was granted, all the proceedings should have been stopped and all items should have been released.