Former minister of finance Professor Biman Prasad plans to challenge the charges laid against him, with his lawyer confirming an application for a permanent stay will be filed in the high court.
Prof Prasad made his first appearance before Magistrate Yogesh Prasad at the Suva Magistrate’s Court yesterday.
He faces one count of failure to comply with statutory disclosure requirements which allegedly occurred in 2015.
FICAC alleges that on or about December 30, 2015, in Suva, Prof Prasad, as an office holder of the National Federation Party registered under the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, failed to comply with Section 24(1)(b)(iv) by omitting his directorship in Platinum Hotels & Resorts Pte Ltd from his annual declaration of assets, liabilities and income submitted to the Registrar of Political Parties.
He is also charged with providing false information in a statutory declaration, by allegedly submitting a declaration that omitted his directorship.
His lawyer, Richard Naidu of Munro Leys Lawyers told the court the permanent stay application would be based on four grounds: the validity of FICAC Acting Commissioner Lavi Rokoika’s appointment, the procedural correctness of the investigation, the basis of the charge, and prejudicial delay. He said the application would be filed within 10 days.
The court heard the matter was initiated by way of a charging summons because Prof Prasad was overseas at the time.
Mr Naidu confirmed he had received full-phase disclosures, which would be evaluated before Prof Prasad takes his plea next month.
Regarding bail, Ms Rokoika said Prof Prasad was not considered a flight risk and had no objection to him travelling overseas.
Prof Prasad must notify the court and FICAC seven days before leaving the country by way of a letter that includes his itinerary, departure time and arrival time. His bail bond was set at $10,000 non-cash with two sureties.
He is not required to surrender his passport, will not be subject to a stop-departure order, and has no reporting conditions.
Before the case began, Magistrate Prasad declared a possible conflict of interest, noting he had purchased a property through Prof Prasad’s agent in 2010. Both parties raised no objections.
Prof Prasad is expected to take his plea on December 8.
