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FICAC seeks to amend Prof Prasad's charge, ruling set for Wednesday

FICAC seeks to amend Prof Prasad's charge, ruling set for Wednesday
Magistrate Yogesh Prasad will rule on FICAC’s application to amend the charge against former Deputy Prime Minister, Professor Biman Prasad on Wednesday.

The trial was initially scheduled to start this morning.

FICAC has made changes to the date of the alleged offence and the subsection of the law under which the charge was initially filed, saying the changes are minor.

The defence, however, argued that the changes are not minor and would affect their case.

FICAC lawyer Joseph Work says they are relying on Section 182 of the Criminal Procedure Act to amend the charge.

Work explained that there is no new charge or evidence and that the amendment is not prejudicial to Professor Prasad.

Professor Prasad's lawyer Ashish Nand says Section 182 can be used at any stage of a trial, but not at this stage as they have not entered trial.

Nand says the court should exercise its discretion to first determine whether the charge is defective, as FICAC has not stated this.

Magistrate Prasad questioned how this could be determined at this stage.

Professor Prasad's lawyer Richard Naidu says the amendment sought is not minor and will affect their case.

FICAC alleges that on or about 30th December 2015, Professor Prasad failed to declare his directorship in Platinum Hotels & Resorts PTE Limited in his declaration of assets, liabilities and income submitted to the Registrar of Political Parties, allegedly breaching the Political Parties Act.

He is also charged with providing false information in a statutory declaration, with FICAC claiming that the omission of the directorship made the declaration materially false.

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