A FICAC investigating officer has agreed that two undisclosed witness statements would have been “helpful to the defence” of former deputy prime minister Professor Biman Prasad.
Testifying during a voir dire proceeding before Magistrate Yogesh Prasad, Asenaca Niumataiwalu confirmed that statements from National Federation Party (NFP) officials, Kamal Iyer and Dalip Kumar were excluded from the prosecution’s disclosure.
Prof Prasad faces charges of failing to comply with statutory disclosure requirements and providing false information in a statutory declaration regarding Platinum Hotels and Resorts Pte Ltd.
Ms Niumataiwalu yesterday explained that she previously investigated Prof Prasad under file FEP 41 of 24 concerning a declaration for Lotus Construction, recording statements from Fijian Elections Office officer Mesake Dawai, NFP’s Tupou Draunidalo, Mr Iyer, and Mr Kumar.
She then recommended excluding Mr Iyer and Mr Kumar as unreliable witnesses to her superiors after a September 3, 2024, search warrant execution where both men allegedly withheld information and used vulgar language. The initial probe closed in April of 2025, while the current investigation (FEP 89 of 25) ran from July to October 2025.
Ms Niumataiwalu confirmed transferring statements from Ms Draunidalo and Mr Dawai to the new file, stating their statements were sufficient to prove the elements of the charge, while leaving out Mr Iyer and Mr Kumar’s March 2025 statements as irrelevant.
The court heard Ms Draunidalo’s statement was signed in November 2025, after Prof Prasad was charged on October 23, 2025.
Under cross-examination by defence lawyer Ashish Nand, Ms Niumataiwalu acknowledged that both files had similar issues despite involving different companies, and agreed that the men’s statements would have assisted the defence.
The case continues today.
