Lawyers for former deputy prime minister Professor Biman Prasad yesterday challenged the prosecution’s late bid to amend charges against him, arguing that the law required the court to find that the existing charges were defective before allowing any amendment.
Richard Naidu and Ashish Nand told the court that FICAC’s proposed amendments were not minor because they introduced different statutory provisions that could affect the elements of the offences for which Prof Prasad was charged. They argued that Section 182 of the Criminal Procedure Act, on which FICAC relied in seeking amendment, did not give the prosecution an automatic right to amend charges and that the court must first determine whether the existing charges were defective in substance or form.
They told the court that FICAC had had the charges and relevant materials for nine months since charging Prof Prasad and had only sought the amendment the day before the trial was scheduled to begin.
Responding to questions from Magistrate Yogesh Prasad on whether Prof Prasad wanted an adjournment Mr Naidu said he did not. He said the defence wanted the court to apply the law in Section 182, which required the court to find that the charges were defective before allowing any amendment.
FICAC prosecutor Joseph Work argued the amendments were intended to correct dates, provide greater particularity and clarify the statutory provisions relied upon, without changing the evidence or underlying allegations.
Mr Work submitted that the amendments would not prejudice Prof Prasad because no new factual allegations were being introduced and the trial had yet to commence.
Magistrate Prasad will deliver his decision tomorrow.
