A CHALLENGE to the Fiji Independent Commission Against Corruption’s authority to investigate and prosecute the alleged Political Parties Act offence has emerged as a key issue in the case against former deputy prime minister Professor Biman Prasad.
The issue was raised yesterday during submissions on whether a key Fiji Elections Office document claimed by the prosecution to be the original copy can be admitted as evidence in the trial. A colour copy impressed with an FEO official stamp had been tendered by FICAC earlier in the trial.
Prof Prasad’s lawyer Richard Naidu argued that the search warrant used to obtain the document was defective for not specifying the authorising law and that FICAC did not have jurisdiction to investigate the alleged non-disclosure offence.
Mr Naidu also challenged the admissibility of the document on hearsay grounds, arguing that FICAC was seeking to rely on its contents without calling its maker.
In response, FICAC manager legal Joseph Work maintained that the document was lawfully seized under a magistrate-endorsed warrant and formed part of statutory FEO records, making it the best available evidence.
He argued that formatting flaws or hearsay concerns go to the weight of evidence rather than admissibility.
He submitted that FICAC had the necessary investigative powers and that the document should be admitted.
Magistrate Yogesh Prasad will deliver his ruling today.
