FORMER deputy prime minister Professor Biman Prasad’s defence has accused the Fiji Independent Commission Against Corruption (FICAC) of systemic failures in its disclosure obligations, arguing that the conduct warrants a permanent stay of the criminal proceedings.
Lawyer Richard Naidu yesterday focused on evidence from a FICAC investigator who, he said, admitted she did not understand that the prosecution’s disclosure duty extended beyond material supporting its case.
Mr Naidu said the statements by National Federation Party’s Kamal Iyer and Dalip Kumar, which were initially not disclosed, were relevant to the amended charge and could assist the defence.
He said the prosecutor could not simply rely on the investigator to decide what to disclose, arguing that both the investigators and the prosecutor had responsibilities to ensure a fair trial.
He submitted that the court could not restore confidence in the prosecution process merely by ordering further disclosure because the failures extended beyond the two statements.
FICAC manager legal Joseph Work opposed the application, submitting that a permanent stay was an exceptional remedy available only where no other realistic remedy could address the alleged prejudice.
Mr Work argued the defence had not established actual prejudice from the non-disclosure and said the Magistrate’s Court proceedings could address any disclosure issues.
He also submitted that several previous rulings and applications contributed to the fragmentation of the trial and argued that challenges to those matters should be pursued through the appropriate appeal process.
Justice Thushara Rajasinghe will deliver his verdict on September 21.
