DEFENCE lawyer Richard Naidu has raised what he described as a serious non-disclosure issue concerning two statements which may be in FICAC’s possession.
Mr Naidu raised the issue in the Suva Magistrate’s Court yesterday, before the start of the trial of Professor Biman Prasad who is accused failing to comply with statutory disclosure requirements contrary to section 24 (5) of the Political Parties Act.
Mr Naidu said the defence had been made aware of statements recorded sometime in 2024 and 2025 that have not been disclosed.
The issue led to considerable back-and-forth between the defence and prosecution over whether the statements were in FICAC’s possession and whether they should have been disclosed.
Mr Naidu said the defence wanted three questions answered — whether FICAC had the statements, whether they had been disclosed and, if not, why they had not been disclosed.
He submitted that the prosecution’s duty was not limited to disclosing material that supported its case but extended to material that could assist the defence in preparing its case.
FICAC manager legal Joseph Work said he could not personally answer questions concerning material held by an investigating officer.
He said the relevant investigator should address the issue through a voir dire, or trial within a trial.
Mr Work, however, maintained that all relevant disclosures had been provided to the defence.
The matter will return to court tomorrow for a voir dire hearing.
