Suva High Court Judge Justice Siainiu Fa'alogo-Bull will now deliver her ruling on former Deputy Prime Minister Professor Biman Prasad’s stay application on the proceeding brought by FICAC on Monday.
The ruling which was deferred from May 1st, was expected to be delivered this afternoon.
Professor Prasad, made the permanent stay application through his lawyer, King’s Counsel Martin Daubney, arguing Lavi Rokoika’s appointment as Acting FICAC Commissioner is invalid.
He also argued that the case amounts to an abuse of process due to the unexplained 10-year delay in bringing the charge, the alleged lack of evidence of an official complaint, the failure to conduct a caution interview before charging him, and claims that Professor Prasad does not legally fall under the definition of an “office holder” under the Political Parties Act, making the charge invalid and unlikely to succeed.
Professor Prasad is charged with one count of failure to comply with statutory disclosure requirements as it is alleged that on or about 30th December 2015, being an office holder the National Federation Party, he failed to comply with Section 24(1)(b)(iv) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013 by omitting to declare his annual declaration of assets, liabilities and income submitted to the Registrar of Political Parties of his directorship in Platinum Hotels & Resorts PTE Limited.
He is also charged with providing false information in a statutory declaration, where on or about 30 December 2015, being an NFP office holder, he provided false information in a statutory declaration submitted to the Registrar of Political Parties, in that he failed to declare his directorship in Platinum Hotels & Resorts PTE Limited, which the omission rendered the declaration false in material particular.
The matter has been adjourned to the 21st of May in the Magistrates Court.
Meanwhile, Justice Bull has rejected former Deputy Prime Minister Manoa Kamikamica and Suva lawyer Tanya Waqanika's stay application on similar grounds.
Meanwhile, Justice Bull has rejected former Deputy Prime Minister Manoa Kamikamica and Suva lawyer Tanya Waqanika's stay application on similar grounds.
