Lawyers acting for former deputy prime minister Professor Biman Prasad filed an urgent application in the High Court this morning seeking a permanent stay of his criminal proceedings in the lower court.
Defence lawyer Richard Naidu informed Magistrate Yogesh Prasad that the application had been filed and that the defence was also seeking a temporary stay of the trial pending the determination of the High Court proceedings.
Mr Naidu said the defence had only recently been served with two witness statements from former NFP officials Kamal Iyer and Dalip Kumar and needed time to properly consider their implications for the trial.
He said the defence’s remaining concern was whether there was further undisclosed material and argued that continuing the trial while the disclosure issue remained unresolved could compound the unfairness to the defence.
Mr Naidu said the defence did not know what other material might exist because, by its nature, undisclosed material was unknown to the defence.
Magistrate Prasad acknowledged that the High Court was a superior court and said any decision or direction made by it would have to be respected.
FICAC Manager Legal Joseph Work did not oppose waiting for the High Court process to progress.
Magistrate Prasad said the trial remained on foot but would be subject to any direction or order from the High Court.
The case has been adjourned to 2.30pm today.
