The High Court has dismissed former Deputy Prime Minister Professor Biman Prasad’s application seeking a permanent stay of criminal proceedings against him, ruling that the Fiji Independent Commission Against Corruption (FICAC) has the legal authority to investigate and prosecute offences under the Political Parties Act that pertain to an election.

The ruling follows a challenge by Professor Prasad over the interpretation of Section 2AC of the FICAC Act, which outlines the Commission’s jurisdiction over corrupt or illegal conduct relating to an election.

In its decision, the court determined that offences under the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013 fall within the scope of Section 2AC of the FICAC Act when they are connected to the electoral process.

A key issue before the court was whether alleged failures by political party office holders to comply with statutory asset declaration requirements could be considered illegal conduct pertaining to an election.

Professor Prasad’s legal team had argued that the obligation to declare assets and liabilities was a continuing statutory requirement and was not necessarily connected to any particular election.

However, the court rejected the argument, finding that the words corrupt or illegal conduct should be given their ordinary and natural meaning rather than adopting definitions contained in the Electoral Act.

The judge also rejected the attempt to narrow the interpretation of the phrase pertaining to any election, explaining that the words pertaining to have a broad meaning and cover both direct and indirect connections to a particular subject.

On the question of FICAC’s prosecutorial authority, the court ruled that the alleged offences under Sections 24(1)(b) and 24(5) of the Political Parties Act constitute illegal conduct pertaining to an election under Section 2AC of the FICAC Act.

It therefore concluded that FICAC has the authority to investigate and prosecute the offences under Section 2AL of the Act.

However, the court found Section 2AL of the FICAC Act was not applicable in this matter, as the Political Parties Act does not transfer prosecutorial authority to the Commissioner.

Professor Prasad faces charges relating to alleged failures to comply with statutory disclosure requirements while serving as an office holder of the National Federation Party.

FICAC alleges that he failed to declare his directorship in Platinum Hotels and Resorts PTE Limited in his declaration of assets, liabilities and income for 2015.

He also faces an alternative charge of allegedly providing false information in a statutory declaration by declaring that the information submitted was true and complete despite the omission.

The alleged offences relate to the disclosure requirements under the Political Parties Act, with the charges yet to be determined by the court.

The dismissal of the application means Professor Prasad’s attempt to permanently stop the criminal proceedings has been unsuccessful, allowing the substantive case before the Suva Magistrates Court to continue..

By: Litia Rabua