The Suva Magistrate has allowed FICAC to amend the charge against former Deputy Prime Minister and National Federation Party Leader Professor Biman Prasad before his trial begins.

Magistrate Yogesh Prasad delivered the ruling after FICAC applied under Section 182 of the Criminal Procedure Act 2009 to amend the charge.

The defence opposed the application, arguing that it was filed late and relied on different provisions of the Political Parties Act.

The court ruled that the prosecution can amend a charge before the close of its case, provided the amendment is in the interests of justice.

Magistrate Prasad accepted that the proposed amendment referred to different subsections of the Political Parties Act and could affect the defence strategy.

He said the charge must be properly framed so the accused clearly understands the allegations and the legal provisions relied upon by the prosecution.

The magistrate also considered Professor Prasad’s constitutional rights, including the right to be informed of the nature of the charge and the right to a fair trial within a reasonable time.

Professor Prasad faces one count of failure to comply with statutory disclosure requirements.

He also faces a charge of providing false information in a statutory declaration, allegedly by recklessly submitting a declaration that omitted his directorship, making the declaration materially false.

The court stood the matter down until 2.30pm for Professor Prasad to take plea on the amended charge and for a new trial date to be set.