FICAC ordered to provide proper disclosures in Prasad case

The Fiji Independent Commission Against Corruption (FICAC) has been ordered to provide proper disclosures and tidy up its case after concerns were raised over photocopied evidence in the case against former Deputy Prime Minister Biman Prasad.

The voir dire hearing into objections raised by Prasad’s lawyers continues today before Resident Magistrate Yogesh Prasad.

The hearing was halted midway yesterday after defence lawyer Richard Naidu raised further issues over the original and photocopied documents of the National Federation Party (NFP) letter relating to changes in the registered parties.

FICAC was given 12 questions to answer through three witnesses — two FICAC investigators and a Fijian Elections Office (FEO) official.

FICAC investigator Sherine Pouline Lata told the court she assisted the investigator in 2024, who helped retrieve the NFP document from the FEO.

She said although FICAC investigators did not physically conduct the search, the FEO’s compliance coordinator, Racheal Simmons, was given time to retrieve and certify the documents before handing them to FICAC.

Ms Lata said the search warrant sought documents including the NFP appointment of members from 2014 and gazette notices relating to the registration of political parties.

Under cross-examination, Ms Lata maintained that although she did not see Ms Simmons photocopy the original letter, she was present when the copy was certified using the FEO’s official seal.

Defence lawyer Asish Nand was cautioned several times by the court to allow the witness time to answer questions and not press her when she did not accept his premise.

Ms Simmons told the court that every search warrant received by the FEO was first given to the Supervisor of Elections for approval before officials locate, photocopy, certify and serve documents on external parties.

She maintained that there was no other seal at the office used to certify documents.

The defence raised concerns about the credibility of the photocopied evidence tendered by the State, prompting the court to caution FICAC to ensure proper disclosures were made and to tidy up its case.

The early adjournment also allowed Prasad to be part of the afternoon Parliament session.

The voir dire hearing continues today.