High Court rejects Prasad’s application for permanent stay

The criminal case against former Deputy Prime Minister Biman Prasad will continue after the High Court in Suva rejected his application for a permanent stay.

Justice Thushara Rajasinghe delivered the ruling this morning after Prasad’s lawyers argued that the Fiji Independent Commission Against Corruption (FICAC)'s alleged failure to disclose material had affected his right to a fair trial.

Prasad faces charges over alleged breaches of statutory requirements relating to the declaration of his assets, liabilities and income as an officeholder of the National Federation Party.

FICAC alleges he failed to declare his directorship in Platinum Hotels and Resorts PTE Limited and also provided false information in his declaration.

The stay application arose from a dispute over two witness statements obtained during an earlier FICAC investigation.

Justice Rajasinghe said prosecutors have a duty to disclose relevant material that could help the defence or weaken the prosecution case.

However, the judge found that the delayed disclosure had not affected Prasad’s ability to defend himself.

The statements have now been disclosed, while the prosecution’s first witness is still giving evidence.

The matter will continue in the Suva Magistrate Court.