Biman Prasad trial put on hold pending High Court application

Former Deputy Prime Minister Biman Prasad’s case has been adjourned to this afternoon following the defence’s application to temporarily stay the trial while an urgent stay application is considered in the High Court in Suva.

All parties appeared before Resident Magistrate Yogesh Prasad this morning, expecting the trial to continue. However, senior lawyer Richard Naidu informed the court of the defence’s current position.

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.

Fiji Independent Commission Against Corruption Manager Legal Joseph Work did not oppose waiting for the High Court process to progress.

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

The case was adjourned to 2.30pm today.