Biman Prasad trial adjourned as defence seeks urgent High Court stay

The trial against former Deputy Prime Minister Biman Prasad has been further adjourned to Thursday.

The adjournment follows the defence's application to temporarily stay the trial pending an urgent stay application, which is scheduled to be heard in the High Court in Suva tomorrow.

All parties appeared before Resident Magistrate Yogesh Prasad this morning, expecting the trial to continue.

However, defence lawyer Richard Naidu told the court of the defence’s position that a Judge had been allocated the inter partes application, which would be heard tomorrow.

Mr Naidu said the defence needed time to properly assess the implications of two witness statements obtained from another investigation file, FEP 41/54.

The statements were from National Federation Party general secretary Kamal Iyer and registered officer Dalip Kumar.

Mr Naidu said the defence’s remaining concern was whether there were further undisclosed materials. He argued that continuing the trial while these matters remained unresolved could compound the unfairness to the defence.

Magistrate Prasad acknowledged the High Court’s superior jurisdiction, saying any decision or direction made by it would have to be respected.

Magistrate Prasad said the trial remained on foot but would be subject to any direction or order from the High Court.

Fiji Independent Commission Against Corruption manager legal Joseph Work did not oppose waiting for the High Court process to progress, but maintained that the court was able to proceed until orders had been made by the High Court.

Mr Naidu sought to have a mention on the substantive matter on Wednesday. However, Mr Work told the court he was also prosecuting another case before Magistrate Pulekeria Low.

Prasad remains on bail.