High Court Judge Justice Nazhat Shameem has ruled that the Fiji Independent Commission Against Corruption (FICAC) does not have the authority to file charges and information in the High Court until a decision is made on its validity.

Justice Shameem has ruled that the charges filed against former Commissioner Central Inoke Devo be quashed, and the Director of Public Prosecution (DPP) and the court will now await the decision by the DPP's office on some fresh information to be filed.

Judge Shameem said if the DPP refuses to file information, then it is a decision for FICAC on whether to proceed with prosecution in the Magistrate's Court.

Judge Shameem also ruled that until the validity of the promulgation is determined through the case filed by ousted Prime Minister Laisenia Qarase against the Interim Prime Minister and others, FICAC should refer all cases it wishes to prosecute in the High Court and all cases where the accused wants a High Court trial, to the DPP.

Judge Shameem went on to say that in the political situation which surrounds us all, it is important to remember that the law and legal principal protects the court from causes and political influence.

She stressed that the existence of FICAC is a political and policy matter, while the existence of the charge facing the accused and the need to ensure that he has a fair trial is a legal matter which is ultimately the sole concern of the court.

Meanwhile, the Fiji Independent Commission Against Corruption will now have to get the DPP to sanction certain charges laid against former executives of Post Fiji Limited before the case can proceed.

Mahendra Motibhai Patel, Peni Mau, Vinesh Kumar and Direndra Pratap appeared before Suva Magistrate Aminiasi Katonivualiku this morning facing charges of abuse of office, extortion and abuse of public funds.

However, FICAC lawyer Sophia Shah informed the court of the ruling delivered this morning by High Court Judge Justice Nazhat Shameem and requested time for the DPP to sanction the charges of abuse of office against the accused persons, before the case can proceed.

Defense counsels then requested a lengthy adjournment to the case until a decision is made on the legality of FICAC and its powers to prosecute cases.

The various cases against the four accused has been adjourned to October 27th for mention.