No verification done on Prasad company registration, court told

No verification or authentication was conducted when registering former Deputy Prime Minister Biman Prasad’s company, Platinum Resorts & Hotel, the Suva Magistrate Court heard yesterday.

Fiji Independent Commission Against Corruption (FICAC) witness Manase Talemaipapalagi, an executive officer at the Registrar of Companies (ROC), made the revelation when he took the stand before Resident Magistrate Yogesh Prasad during the trial.

Mr Talemaipapalagi has spent 11 years at the Ministry of Justice and two years at the ROC.

Charge

Prasad faces a charge of failing to comply with statutory disclosure requirements and an alternative charge of providing false information in a statutory declaration.

In the amended charges, FICAC alleges that between December 30, 2015, and January 31, 2016, while he was National Federation Party leader, Prasad failed to comply with Section 24(1B)(d) of the Political Parties Act.

It is alleged that he submitted a declaration of his assets, liabilities and income as of December 31, 2015, without disclosing his directorship in Platinum Hotels and Resorts Pte Limited.

Cross-examination

During cross-examination, Prasad’s lawyer, Richard Naidu, questioned Mr Talemaipapalagi about the verification process used when registering the company, after errors were identified in certain documents, including Form A-11, the Change to Companies document.

Mr Naidu pointed out a difference in the spelling of one of the three directors’ names, Raghwa Nand Prasad.

While Form A-11 recorded the name as Ragwa Nand Prasad, the Particulars of Directors document recorded the spelling as Raghwa.

Mr Naidu said this indicated that the ROC had not conducted an independent verification process.

After a short pause, Mr Talemaipapalagi told the court that checks were conducted, but the discrepancy may have been an oversight on their part.

The court also heard that Form A-11, which was required to be filed with the ROC within 28 days, was filed late.

The document showed it was signed by the company on February 19, 2016, but was filed with the ROC on May 10, 2016.

Former National Federation Party president Tupou Draunidalo also took the stand yesterday.

It was established that although she could not provide evidence that Mr Prasad was the party leader, a number of people in the party treated him as one.

A flying minute was presented to Ms Draunidalo, who testified that it contained only 23 signatures out of more than 49 or 50 candidate names listed.

Given that the events occurred in 2017, Ms Draunidalo said it was difficult for her to ascertain the authenticity of the documents.

She maintained that although she could not recall whether she had been presented with the party’s flying minute, she was certain that under the law, the party was required to provide the names of candidates contesting the 2014 General Election to the Fijian Elections Office (FEO).

FEO manager legal Mesake Dawai is currently taking the stand and is expected to be examined by both parties today.