Court warns against 'trial by ambush' in Prasad case

A missing complaint has raised questions in the Suva Magistrate Court, prompting an order for the Fiji Independent Commission Against Corruption (FICAC) to produce the document within three days.

The issue arose during proceedings yesterday in the case against former Deputy Prime Minister Professor Biman Prasad, who faces charges of failing to comply with statutory disclosure requirements in 2015 and allegedly providing false information in a statutory declaration.

The defence raised concerns about a complaint mentioned earlier in the High Court but not disclosed.

Appearing before Magistrate Yogesh Prasad, senior defence lawyer Richard Naidu said the complaint was first referred to during a High Court hearing, where the Commissioner indicated it would be provided to the defence.

He said repeated written requests to FICAC on March 27, April 7 and April 13 had received no response.

The court heard the nature of the complaint has yet to be established.

Mr Naidu said the document was important for the defence to prepare for the pretrial conference and any applications before trial.

Magistrate Prasad questioned FICAC prosecutor Arieta Vaganalau, who said they were not aware of the complaint.

The magistrate said the prosecution must disclose all material evidence, noting it is a fundamental right of the accused to know the case against him before trial.

He warned the court would not allow any “trial by ambush” and said any evidence not disclosed in advance would be rejected at trial.

The court ordered FICAC to check its files, confirm the existence of the complaint, and provide it to the defence within three days if it forms part of the case.

Magistrate Prasad also directed the prosecution to review and resubmit its full disclosure, properly indexed, ahead of the next pretrial conference.

Prasad’s bail was extended and the matter adjourned to May 21 for a further pretrial conference.