There is no case to answer because the prosecution failed to establish that former deputy prime minister Professor Biman Prasad was a director of the company in question, defence lawyer Richard Naidu argued in the Suva Magistrates Court.
The no-case-to-answer application heard yesterday following the close of the Fiji Independent Commission Against Corruption’s (FICAC) case was led by defence submissions challenging the reliability and sufficiency of the evidence presented.
Appearing before Magistrate Yogesh Prasad, Mr Naidu argued that no witness had identified Prof Prasad as a director of Platinum Hotels & Resorts Pte Limited and questioned the reliability of company records tendered during the trial, submitting they did not establish his client held the directorship.
Mr Naidu further submitted that the prosecution failed to prove foundational elements required under section 24(1) (B) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, including Prof Prasad’s appointment and whether he failed to provide the required statement to the registrar.
He also argued that the declaration form used did not meet statutory requirements because it lacked an accompanying statutory declaration in the prescribed form.
Prof Prasad faces charges of failing to comply with statutory disclosure requirements under section 24(5) and recklessly providing false information in a statutory declaration under section 27(1)(c), over an alleged omission of his directorship in his December 31, 2015, asset declaration.
Mr Naidu will continue his submission today at 9 am.
