THE Fiji Independent Commission Against Corruption (FICAC) has argued in the Suva Magistrate’s Court that its evidence against former deputy prime minister Professor Biman Prasad is sufficient for him to be called upon to enter a defence, opposing his no-case-to-answer application.
Making submissions before Magistrate Yogesh Prasad yesterday, FICAC’s manager legal Joseph Work argued that failing to comply with statutory disclosure requirements under Section 24(5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013 is a strict liability offence requiring no proof of criminal intent.
Relying on a previous High Court precedent involving Prime Minister Sitiveni Rabuka, Mr Work submitted that Prof Prasad’s statutory declaration form, National Federation Party (NFP) documents, and witness testimony collectively established his appointment as party leader. He added that corporate records regarding directorships and cessations further reinforced the prosecution’s case.
Defence lawyer Richard Naidu disputed FICAC’s interpretation of strict liability, maintaining that the governing legislation contains no express classification to that effect.
Mr Naidu argued that FICAC failed to prove Prof Prasad’s formal appointment as a party officeholder or his directorship with Platinum Hotels & Resorts Pte Ltd during the material period, noting also that admitting an agreed document into evidence does not automatically prove the truth of its contents.
Prof Prasad faces charges of failing to comply with statutory disclosure requirements and recklessly providing false information in a statutory declaration. FICAC alleges he omitted his directorship in Platinum Hotels & Resorts Pte Ltd from his declaration of assets, liabilities, and income as of December 31, 2015, and falsely certified that the information provided was complete and accurate.
The hearing continues on October 21.
