The High Court in Suva has dismissed an application by former deputy prime minister Professor Biman Prasad seeking to permanently stay criminal proceedings brought against him by FICAC, marking the second application for a permanent stay on FICAC proceedings rejected by the courts in recent days.
In a 24-page ruling delivered yesterday, Justice Siainiu Fa’alogo Bull found that none of the four grounds raised by Prof Prasad was sufficient to justify a permanent stay of proceedings.
Prof Prasad faces two charges relating to alleged failures to comply with statutory disclosure requirements in 2015, including the alleged omission of a directorship in a statutory declaration and providing false information.
A key argument centred on the legality of Acting FICAC Commissioner Lavi Rokoika’s appointment, which Prof Prasad claimed rendered the proceedings an abuse of process.
However, Justice Bull ruled that such a challenge should have been brought through judicial review in the civil courts, not in a stay application, and noted that key constitutional office holders were not parties to the proceedings.
The court also relied on the de facto officer doctrine, finding that Ms Rokoika’s actions remained valid as she had been performing the functions of the office since her appointment in May 2025.
Justice Bull further dismissed claims of pre-charge delay, allegations that the charges were foredoomed to fail, and claims of bad faith or improper conduct, stating these issues could be properly tested at trial.
Prof Prasad’s case will now proceed in the lower court before Magistrate Yogesh Prasad on May 21.
