The Magistrates Court has adjourned proceedings in the case against former Deputy Prime Minister Professor Biman Prasad as it considers an objection by the Defence to evidence tendered by FICAC.

The objection centres on the directorship details of Platinum Hotel and Resort Limited, which the Defence argues should not be admitted as evidence on the grounds that the document is hearsay.

The document lists the names of three directors of the company and bears the signature of a person whose name is not identified on the document and who was not present in court to give evidence.

FICAC Counsel challenged the Defence’s argument, submitting that the document does not amount to hearsay because it is a statutory document containing particulars of the company’s directorship.

FICAC argued that the document qualifies as a public record and is admissible under the relevant provisions governing the Registrar of Companies and the Companies Act.

However, in his written submissions, Defence Counsel Richard Naidu maintained that the document is hearsay and is inadmissible unless it falls within an established exception to the hearsay rule.

Naidu argued that no such exception applies in this case, saying the Defence is unable to challenge the contents of the document because the person who prepared or made it has not been identified and was not called to testify in court.

The court will consider the competing submissions before determining whether the directorship document can be admitted as evidence in the trial.

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

He is also charged with providing false information in a statutory declaration, contrary to Section 27(1)(c) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.

By: Litia Rabua