The High Court has refused the permanent stay applications filed by Suva Lawyer Tanya Waqanika.

Waqanika’s application to halt criminal proceedings initiated against her by the Fiji Independent Commission Against Corruption has failed.

She argued that the charges are fundamentally flawed due to issues regarding the appointment of the Acting FICAC Commissioner, Lavi Rokoika.

Judge, Justice Siainiu Fa’alogo-Bull rules that challenges to the validity of Rokoika’s appointment must be pursued through judicial review proceedings in the civil courts, and not through a criminal stay application.

The court also relied heavily on the de facto officer doctrine, which provides that actions carried out by a public officer acting under the authority of an office remain valid, even if questions later arise over the legality of the appointment.

Waqanika is charged by FICAC for allegedly making a public social media post opposing a political party.

It is alleged that on or about the 19th April 2024, while serving as a public officer—namely a Board Member of Investment Fiji and Telecom Fiji Limited, Waqanika publicly indicated opposition to the political party SODELPA.

The stay application was dismissed, and the matter was remitted to the Suva Magistrates Court.