The Suva Magistrates Court will issue its ruling on a key prosecution evidence submission in the trial of former deputy prime minister Professor Biman Prasad on Monday.
Magistrate Yogesh Prasad called the matter today to consider arguments regarding the admissibility of a National Federation Party (NFP) letter tendered through Fijian Elections Office witness Mesake Dawai.
FICAC’s manager legal Joseph Work argued the document is admissible under the public document exception. Alternatively, Mr Work submitted the letter should be admitted proving its existence, submission, and official custody rather than the truth of its contents.
Defence lawyer Richard Naidu strongly objected, arguing the document constitutes hearsay. Naidu stressed that admitting the letter without calling its available author denies the accused his constitutional right to cross-examine and challenge key evidence.
He further noted that if the prosecution only seeks to prove the document’s existence, it lacks relevance to the charge.
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 liabilities 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.
