Defence files no-case-to-answer application in Prasad trial

The Fiji Independent Commission Against Corruption has completed its case with three witnesses testifying in the trial of former Deputy Prime Minister Biman Prasad, who is alleged to have failed to declare his directorship of Platinum Hotel & Resorts in 2014.

Fijian Elections Office (FEO) Manager Legal Mesake Dawai was the third and final witness to take the stand today before Resident Magistrate Yogesh Prasad.

In his evidence, Mr Dawai said that although he joined the FEO in 2015, he had access to National Federation Party documents and correspondence.

He said Prasad had since complied with statutory requirements and had updated the party’s information with the Registrar of Companies (ROC) and the FEO.

During cross-examination, Mr Dawai agreed that under Section 3(4) of the Political Parties Act, political parties were not required to disclose personal details to the ROC.

He agreed with the defence that this changed when the Act was amended in 2021, meaning there was no requirement for Prasad to provide those details to the ROC.

Defence lawyer Devanesh Naidu pointed to discrepancies in the directorship details form issued by the FEO in 2014, saying the form did not conform to the requirements of the law.

Mr Dawai said the form generally covered the requirements but was not as specific as it should have been. He said he did not design the form and that its format had changed over time.

The defence has filed a no-case-to-answer application, and both parties have been given time to file simultaneous submissions before the court hears the matter next Wednesday.

Mr Naidu also told the court that the defence would file an application in the High Court in Suva alleging abuse of process by the prosecution.