Court rejects hearsay challenge

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Professor Biman Prasad at the Suva Magistrate’s Court yesterday. Picture: ANDREW NAIDU

A COMPANY document containing details of directors and secretaries will be admitted into evidence in the trial of former deputy prime minister Professor Biman Prasad.

Magistrate Yogesh Prasad dismissed the defence’s hearsay objection, which argued that the document should not be admitted because its maker was not available for cross-examination.

Defence submitted that the document raised issues concerning its credibility, reliability, and truthfulness.

The prosecution argued the document was a statutory form lodged with the Registrar of Companies and formed part of the public records maintained under companies legislation.

In his ruling, Magistrate Prasad noted that hearsay evidence is generally inadmissible when it is relied on to prove the truth of its contents, but recognised exceptions exist.

He found the document fell within an exception to the hearsay rule, noting it was lodged by a company representative and accepted into the register by the Registrar after statutory requirements were met.

The defence objection was dismissed, and the trial resumes on Monday at 10am.