Prasad trial delayed by fresh challenge over NFP letter

The trial against Biman Prasad has been further delayed after his lawyer raised a fresh objection over whether a National Federation Party (NFP) letter was an original document.

The letter, which includes changes to the NFP Register, is the same document the defence challenged last week on hearsay grounds.

The court ruled on the hearsay objection yesterday, with Resident Magistrate Yogesh Prasad allowing the document to be tendered through the third State witness, Fijian Elections Office (FEO) manager legal Mesake Dawai.

Magistrate Prasad said he would determine the weight of the evidence when he finalised his judgment.

During examination-in-chief, defence lawyer Mr Naidu interrupted Fiji Independent Commission Against Corruption manager legal Joseph Work, questioning whether the letter being put to the witness was the original copy.

Mr Work said although it may not be an original copy, the letter was certified by the FEO and was a public record.

Mr Naidu raised the ‘best evidence rule’, arguing that original copies of evidence should be presented in court unless the original was lost.

He also argued that Mr Dawai could not speak to the contents of the document because it was made on June 23, 2014, while Mr Dawai became the Political Parties officer in 2015.

Mr Naidu said the stamp on the letter did not indicate that it was a true copy.

After hearing both sides, Magistrate Prasad called for another voir dire hearing today.