LAWYER Richard Naidu has challenged what he describes as the “poor quality” evidence presented by the Fiji Independent Commission Against Corruption (FICAC) against former deputy prime minister Professor Biman Prasad, arguing it has failed to establish essential elements of the charges against him.
Mr Naidu, assisted by Ashish Nand, made the submissions before Magistrate Yogesh Prasad in the Suva Magistrates Court yesterday during Prof Prasad’s no-case-to-answer application.
He argued the prosecution had failed to prove the required mental element of the offence, submitting that the Political Parties Act did not expressly classify the alleged offences as strict liability offences.
Mr Naidu also challenged FICAC’s reliance on agreed facts and documents, arguing that consenting to their admission did not mean every statement in them was accepted as true.
He further questioned whether there was sufficient evidence that Prof Prasad was an officeholder of the National Federation Party on December 31, 2015, or a director of Platinum Hotels and Resorts Pte Ltd on the relevant date.
He also challenged an undated document relied on as evidence of Prof Prasad’s appointment as party leader and whether the declaration met statutory declaration requirements.
FICAC manager legal Joseph Work argued the evidence linked Prof Prasad’s directorship to the alleged failure to disclose it. He said the court had to determine whether sufficient evidence existed for Prof Prasad to answer the charges.
Magistrate Prasad will deliver his ruling on November 12.
