The High Court in Suva has refused former Deputy Prime Minister Professor Biman Prasad’s application seeking a permanent stay of the criminal proceedings against him.

Judge, Justice Thushara Rajasinghe delivered the ruling today following an urgent application by Prasad’s legal team, which argued that alleged non-disclosure of material by the Fiji Independent Commission Against Corruption had compromised his right to a fair trial.

Professor Prasad is facing charges relating to alleged breaches of statutory disclosure requirements concerning his declaration of assets, liabilities and income as an officeholder of the National Federation Party.

FICAC alleges that he failed to disclose his directorship in Platinum Hotels and Resorts PTE Limited in his statutory declaration.

He also faces an allegation relating to providing false information in the declaration.

The stay application followed a dispute in the Magistrates Court over two witness statements obtained during an earlier FICAC investigation.

The court considered two central questions: whether the prosecution’s conduct had impaired Professor Prasad’s ability to receive a fair trial, and, if so, what remedy was appropriate.

On disclosure, the judge reaffirmed that the prosecution has a duty to disclose material gathered during an investigation that is relevant to the case, including material that may undermine the prosecution’s case or assist the defence.

However, the court distinguished between material that may assist the defence and material that relates only to the credibility of defence witnesses.

The judge found that if the two statements were relevant only to the credibility of defence witnesses, FICAC was not under a common law duty to disclose them.

However, if the statements assisted the defence or undermined the prosecution case, the court considered whether the delay in their disclosure had actually impaired Prasad’s ability to conduct his defence.

Justice Rajasinghe found that it had not.

The court noted that the statements had now been disclosed and that the prosecution’s first witness was still giving evidence in chief in the Magistrates Court.

This meant the defence still had the opportunity to consider the documents and use them in cross-examination.

The trial will now continue in the Suva Magistrates Court.

By: Mereoni Mili