Biman Prasad to face trial after stay application rejected

Former Deputy Prime Minister Biman Prasad will face trial in the Magistrates Court.

The High Court dismissed his attempt to permanently stop criminal proceedings brought against him by the Fiji Independent Commission Against Corruption (FICAC).

In a ruling delivered in the High Court in Suva this afternoon, Justice Siainiu Fa’alogo-Bull said Prasad’s application had “no merit” and ruled the case should proceed.

Prasad is charged by FICAC with allegedly failing to declare his directorship in Platinum Hotels and Resorts PTE Limited in his 2015 assets and liabilities declaration submitted under the Political Parties Act.

An alternative charge alleges he provided false information in a statutory declaration by omitting the directorship.

The court heard Prasad sought a permanent stay of proceedings on several grounds, including claims that Acting FICAC Commissioner Lavi Rokoika was not lawfully appointed, that there had been a prejudicial 10-year delay in laying charges, and that he was not an “office holder” under the Political Parties Act.

Justice Fa’alogo-Bull rejected all grounds raised by the defence.

In her ruling, the judge said a permanent stay of criminal proceedings was an “exceptional remedy” that should only be granted in the “clearest of cases”.

She said the court was not convinced Prasad could not receive a fair trial despite the delay.

The judge also ruled arguments about whether Prasad qualified as an “office holder” should be determined during trial and not through a stay application.

On claims of bad faith by FICAC, the court found there was no evidence the prosecution had acted improperly simply because Prasad was not interviewed under caution before charges were laid.

Justice Fa’alogo-Bull said there was no legal requirement for an accused person to always be cautioned before prosecution.

The court also accepted FICAC’s position that it received a complaint in 2024 before charges were filed in October 2025.

Justice Fa’alogo-Bull ultimately dismissed the application and ordered the matter to continue in the Magistrates Court later this month.

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