The Suva Magistrates Court has warned the prosecution against making further disclosures directly to the defence without first seeking the court’s leave in the trial of former deputy Prime Minister Professor Biman Prasad.
Magistrate Yogesh Prasad made the observation after the prosecution disclosed documents to the defence by email last Friday night.
The defence raised concerns over the timing of the disclosure, saying the matter had already been prepared for trial and that the late disclosure could cause further delays.
The prosecution submitted that its disclosure obligations were continuing and relied on the Supreme Court decision, which it said confirmed that disclosure remained an ongoing duty, including during a trial.
It said the newly disclosed witness, who is the former Registrar of Political Parties Mohammed Saneem had not been available during earlier investigations and that the witness’s evidence largely concerned documents and material that had already been disclosed or exhibited.
However, defence questioned why the new witness was being introduced at this stage, particularly if the evidence was substantially the same as that of a witness already disclosed.
Magistrate Prasad directed that any further disclosure must now be made through an application to the court and not directly to the defence.
A hearing on the prosecution’s disclosure and the issue of the new witness has been scheduled for 2.30pm today.
