The Suva High Court will deliver its ruling on 10th November on applications by former Deputy Prime Minister Professor Biman Prasad and lawyer Tanya Waqanika to stop the proceedings in their FICAC cases.
Professor Prasad is charged with failure to comply with statutory disclosure requirements, contrary to Section 24(5) of the Political Parties Act, while Waqanika is charged with one count of publicly indicating opposition to a political party.
Both Waqanika and Professor Prasad's counsel argue that FICAC does not have the legal authority to investigate and prosecute the alleged offences.
Waqanika's lawyer, Barbara Malimali says her client was charged over a social media post and argues that FICAC has no jurisdiction to investigate or prosecute the alleged breach.
Malimali has asked the High Court to grant a stay of proceedings, arguing that the case cannot proceed if FICAC has no jurisdiction.
Meanwhile, Professor Prasad's lawyer, Richard Naidu, argues that the alleged offence did not occur during an election period.
Naidu says the amended charges do not fall under the FICAC Act and maintains that the Commission's investigative and prosecutorial powers are limited.
However, FICAC lawyer Joseph Work maintains that the Commission has the authority to investigate and prosecute the alleged offences under the Constitution, FICAC Act, Electoral Act and Political Parties Act.
Work argues that FICAC has broad jurisdiction under these laws.
Closing submissions are scheduled for next Friday.
