No-case-to-answer hearing in Prof. Prasad’s case to continue next Wednesday

No-case-to-answer hearing in Prof. Prasad’s case to continue next Wednesday
The no-case-to-answer hearing in former Deputy Prime Minister Professor Biman Prasad’s FICAC case will continue in the Suva Magistrates Court next Wednesday for further clarification.

Professor Prasad is charged with failing to comply with statutory disclosure requirements, contrary to Section 24(5) of the Political Parties Act.

During submissions today, defence lawyer Richard Naidu argued that the Court cannot rely on the evidence provided by FICAC’s three witnesses.

Naidu says there is no evidence that Professor Prasad was a director of Platinum Hotels and Resorts Pte Limited as of 31st March 2015.

He says the charge is defective and should be dismissed, with Professor Prasad acquitted.

Naidu also says no one has identified Professor Prasad as the person associated with the company.

He says the evidence presented is unreliable and shaky.

The defence lawyer says the witnesses agreed that the Registrar of Companies does not check the authenticity or accuracy of documents submitted.

FICAC Manager Legal Joseph Work says the witnesses’ evidence is not an issue.

Work will provide further submissions on strict liability and the difference between agreed facts and agreed documents.

He says FICAC’s interpretation of Section 24 of the Political Parties Act differs from the defence.

FICAC alleges that between 30th December 2015 to 31st January 2016, in Suva, being an officeholder of the National Federation Party, registered under the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, failed to comply with Section 24(1B)(d), by providing to the office of the registrar his declaration of assets, liabilities and income as at 31st December 2015 without disclosing his directorship in Platinum Hotels & Resorts PTE Limited thereby committing an offence contrary to section 24(5) of the said Act.

It is also alleged that on 28th January 2016 in Suva, being an office holder of a registered political party, namely the National Federation Party, recklessly provided false information in a statutory declaration submitted to the Registrar of Political Parties under Section 24 (1B) (d) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, solemnly declaring that the particular contained in his declaration of assets, liabilities and income as at 31st December 2015 were true and complete when the declaration omitted his directorship in Platinum Hotels and Resorts PTE Limited, which omission rendered the declaration false in material particular thereby committing an offence contrary to Section 27 (1) (c) of the said Act.

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