A TRIAL involving former deputy prime minister Professor Biman Prasad took another turn in the Suva Magistrates Court after defence raised fresh objections regarding a key 2014 Fiji Elections Office (FEO) document.
The issue arose after magistrate Yogesh Prasad had earlier overruled a defence objection to the letter being admitted under the public-document exception.
Lawyer Richard Naidu then raised a further objection to the document being tendered, pointing out that it appeared to be a colour copy rather than the original and thus breached the best evidence rule.
FICAC manager Legal Joseph Work submitted that the document bore the FEO seal and came from official custody. He cited Supreme Court precedent regarding photocopies when originals are lost.
However, magistrate Prasad highlighted that before secondary evidence rules apply, FICAC must clarify whether the original exists, where it is, or how it was lost.
The court noted that FEO witness Mesake Dawai, who joined the office in 2015, had no personal knowledge of the 2014 document’s receipt.
Magistrate Prasad directed FICAC to liaise with its investigating officer to locate the original document or provide statements explaining why it is missing, ahead of another voir dire hearing before the trial resumes.
The matter resumes today.
