FICAC Investigating Officer Asenaca Niumataiwalu has told the Suva Magistrates Court that statements obtained from National Federation Party General Secretary Kamal Iyer and Registered Officer Dalip Kumar were not provided to the defence in former Deputy Prime Minister Professor Biman Prasad’s case because she did not consider them relevant.
Niumataiwalu gave evidence during the hearing after defence lawyer Richard Naidu raised concerns that FICAC had two additional documents that had not been disclosed to the court or the defence.
He had also asked if documents exist, whether they were disclosed to the defence and, if they exist, why they were not disclosed.
She told the court that she conducted two investigations involving Professor Prasad.
Niumataiwalu says FICAC Enquiry Paper 89/25 relates to the current case, in which Professor Prasad is charged with failing to comply with statutory disclosure requirements contrary to Section 24(5) of the Political Parties Act.
She says FICAC Enquiry Paper 41/24 related to a separate, similar matter involving a different company which also relates to Professor Prasad.
Niumataiwalu says when investigators went to the National Federation Party office to present a search warrant and explain the reasons for the search, Iyer used abusive language.
She says FEP 41/24 was closed by the former FICAC Commissioner and Acting Deputy Commissioner last year, but some documents from that file were used in the current matter.
Niumataiwalu says the statements of Iyer and Kumar were not included in the current matter because lawyer Tupou Draunidalo’s statement was considered sufficient.
During cross-examination, Niumataiwalu agreed with Professor Prasad's lawyer Ashish Nand that Draunidalo’s statement was taken after Professor Prasad had been charged.
Niumataiwalu also agreed with Nand that documents FICAC did not consider relevant to its case could have benefited the defence.
Following Niumataiwalu’s questioning, Naidu asked Magistrate Yogesh Prasad for a hearing in chambers regarding issues arising from the proceedings and their duties as officers of the court.
Magistrate Prasad declined the request for the parties to meet in chambers.
The matter will be called again tomorrow for submissions from FICAC counsel Joseph Work and Naidu.
