FORMER deputy prime minister Professor Biman Prasad’s lawyer has filed a no case to answer application after the Fiji Independent Commission Against Corruption closed its case yesterday.
Defence lawyer Richard Naidu confirmed the application in the Suva Magistrates Court following evidence from Fiji Elections Office manager legal Mesake Dawai, FICAC’s final witness.
Mr Naidu also told the court he intended to file another application in the High Court concerning what he described as FICAC’s abuse of process.
In his evidence-in-chief, Mr Dawai gave evidence on FEO records relating to the National Federation Party and its officeholders.
He told the court a June 23, 2014 letter to the Registrar of Political Parties recorded changes to NFP officeholders following an annual general meeting and identified Prof Prasad as party leader.
The court also heard about FEO records listing NFP officeholders and political parties’ obligations to provide information to the Registrar under the Political Parties Act.
Mr Dawai said the FEO form for political officeholders was developed to facilitate compliance with the Act, including disclosure of assets, liabilities, income, and directorships.
However, under cross-examination, Mr Naidu questioned the basis for Mr Dawai’s evidence that Prof Prasad was NFP leader in 2014.
Mr Dawai agreed this was based on the 2014 letter, and he had not independently verified it. He also agreed Clause 13 of the NFP Constitution did not provide for a party leader to be elected at an AGM.
Mr Dawai further agreed he did not know what occurred at the NFP’s 2015 AGM or whether a leader was elected.
The defence also challenged the FEO disclosure form, with Mr Dawai agreeing it only partially conformed to the Act and did not fully capture its statutory requirements.
FICAC closed its case after calling three witnesses and tendering 11 exhibits.
