A 2014 letter confirming Biman Prasad as National Federation Party leader has been admitted into evidence in the political disclosure case against the former deputy prime minister.
Suva Magistrate Yogesh Prasad ruled that the letter, which was originally kept at the Fiji Elections Office, was admissible as a public document.
The defense, led by Richard Naidu, had challenged the admissibility of the document, arguing that the search and seizure process through which it was obtained was unlawful. FICAC Manager Legal Joseph Work argued that the original letter remained in the custody of the Fiji Elections Office and formed part of its official records.
The court heard that the letter was dated June 23, 2014, and was addressed to the Registrar of Political Parties.
It communicated changes to NFP officeholders following an annual general meeting and listed Prasad as party leader.
Magistrate Prasad said he was satisfied with the explanation of how the document was obtained and accepted it under the public-document exception.
He said the court would determine the document’s weight and probative value at the conclusion of the trial.
Magistrate Prasad also said issues surrounding the legality of the search and seizure could be addressed during the trial, as the voir dire was limited to the admissibility of the disputed document.
During examination-in-chief, FEO’s manager legal Mesake Dawai was questioned about officeholder declarations of assets and liabilities.
Mr Dawai confirmed that officeholders were required to disclose assets, liabilities, and directorships, and that the information provided in statutory declarations was required to be true and correct under the Political Parties (Registration, Conduct, Funding and Disclosures) Act.
When asked about Professor Prasad, Mr Dawai said records held by the Elections Office showed that he had made the required declarations since 2014. Mr Dawai confirmed that an active directorship during the relevant declaration period was required to be disclosed.
