Professor Biman Prasad’s criminal trial in the Magistrate’s Court will now proceed after the High Court refused his application to permanently stay the proceedings against him.
Justice Thushara Rajasinghe delivered his judgment yesterday, finding that the disclosure failures by the Fiji Independent Commission Against Corruption (FICAC) did not impair Prof Prasad’s ability to receive a fair trial.
Prof Prasad faces charges under the Political Parties Act relating to alleged non-disclosure and false information in his assets and liabilities declaration.
His lawyer Richard Naidu had argued that FICAC’s failure to initially disclose statements by National Federation Party members Kamal Iyer and Dalip Kumar, among other alleged disclosure issues, amounted to an abuse of process warranting a permanent stay.
Justice Rajasinghe found no evidence that FICAC deliberately or in bad faith withheld the two statements. He noted that the statements had since been disclosed to the defence, along with other material requested by Prof Prasad.
Justice Rajasinghe also rejected arguments concerning the late disclosure of a statement by another witness, finding that while it may have caused some difficulty, it did not prevent the defence from preparing for the hearing.
He said a permanent stay was an exceptional remedy and, considering the cumulative effect of FICAC’s conduct, the circumstances did not justify stopping the proceedings.
The Magistrates Court trial, which has already commenced, will therefore continue.
