THE defence has questioned why an original National Federation Party (NFP) document was not produced earlier in the trial of former deputy prime minister Professor Biman Prasad.
The issue was raised before Magistrate Yogesh Prasad yesterday after FICAC produced what it stated was the master document from the Fijian Elections Office (FEO).
Lawyer Richard Naidu strongly opposed the move, pointing out that the document disclosed during pre-trial stages eight months ago was a copy bearing an official Elections Office seal, whereas the newly presented document lacked the seal entirely.
Mr Naidu argued the defence had been led to believe the copy was the actual original and questioned why a different document was now being “sprung” on the court.
He also challenged whether the earlier copy qualified as a certified true copy under Section 2 of the Public Documents Act 1884 without explicit certification from the lawful custodian, questioning why the document’s maker had not been called to explain its origin.
In response, FICAC manager Legal Joseph Work explained that investigators initially relied on a copy provided by the FEO because master files are typically retained in official custody. He clarified that after the court raised the issue, officers returned to the Elections Office, located the original, and brought it to court.
Mr Work maintained that the primary document contains the same date, receipt, and signatures as the disclosed copy, satisfying the Best Evidence Rule.
Magistrate Prasad indicated that while the original could be tendered, the circumstances surrounding its production, its authenticity, and the weight to be given to it remain live issues.
The court directed that a statement from the investigating officer be provided for a voir dire hearing today.
