A further voir dire hearing will be held tomorrow in the trial of former deputy prime minister Professor Biman Prasad following a dispute over a National Federation Party document FICAC seeks to rely on.
Prof Prasad’s lawyer Richard Naidu questioned why the original document was not produced earlier, saying the defence had been provided with a copy which it understood to be the original.
FICAC manager legal Joseph Work told the court investigators returned to the Fijian Elections Office after the issue was raised and located what the prosecution says is the original document.
Mr Naidu also questioned whether the previously disclosed copy was a certified true copy under the Public Documents Act and why an investigating officer had not earlier explained how the document was obtained.
The court said the original could be tendered, but questions surrounding its production and the weight to be given to the document remained live issues.
FICAC has been directed to provide its investigating officer’s statement to the defence by 4 pm today.
The matter returns to court tomorrow for the further voir dire hearing.
Prof Prasad faces a count of failure to comply with statutory disclosure requirements, contrary to section 24(5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, read with section 24(1B) (d).
It is alleged that between December 30, 2015 to January 31, 2016 at Suva being an officeholder of the National Federation Party, registered under the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, failed to comply with Section 24(1B)(d), by providing to the office of the registrar his declaration of assets liabilities and income as at 31 December 2015 without disclosing his directorship in Platinum Hotels & Resorts PTE Limited thereby committing an offence contrary to Section 24(5) of the said act.
He is also charged with providing false information in a statutory declaration Contrary to section 27(1) (c) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.
It is alleged that on January 28, 2016 at Suva being an office holder of a registered political party, namely the National Federation Party, recklessly provided false information in a statutory declaration submitted to the Registrar of Political Parties under Section 24(1B) (d) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, by solemnly declaring that the particular contained in his declaration of assets liabilites and income as at 31 December 2015 were true and complete when the declaration omitted his directorship in Platinum Hotels & Resorts PTE Limited, which omission rendered the declaration in material particular thereby committing an offence contrary to Section 27(1)( c) of the said act. Professor Prasad pleaded not guilty to the charges.
