FICAC decides it will not be prosecuting Professor Biman Prasad

FICAC has decided that it will not be prosecuting National Federation Party Leader, Professor Biman Prasad in relation to a complaint regarding his declarations to the Registrar of Political Parties.

The initial complaint was lodged with the Supervisor of Elections by one Alexander Forwood of Sydney, Australia.

FICAC confirms the complaint alleges that Professor Prasad, submitted false information in his declaration of income, assets and liabilities for the years 2014–2020, 2022 and 2023 to the Fijian Elections Office in his capacity as Party Leader of the National Federation Party.

FICAC says it initiated a comprehensive investigation that included an in-person interview with Professor Prasad and a detailed review of documentary evidence and legal submissions provided by his counsel.

It says although the Political Parties Act does not explicitly list “party leader” among those required to declare, the Commission concluded that Professor Prasad’s role qualifies him as an “office holder” under section 24 and therefore subject to its declaration obligations.

However FICAC says the complaint that Professor Prasad should have disclosed his superannuation is debatable.

It says since 2014, Professor Prasad has provided his declaration to the Fijian Elections Office without including superannuation information, and there is no evidence before FICAC that the Supervisor of Elections or the Electoral Commission ever advised Professor Prasad that his declarations were insufficient or requested that superannuation information be included in the declaration form.

FICAC says as there were no grievances raised in almost a decade, any ordinary person in Professor Prasad’s position might think that the declarations provided were sufficient.

FICAC says furthermore, the forms required Professor Prasad or any other office holder to declare their assets and did not specifically require information pertaining to superannuation.

The Commission says allegations regarding Professor Prasad’s spouse’s ties to FEMLink Pacific and the Global Girmit Institute, as well as his professional association with Doctor Ganesh Chand, were similarly reviewed and dismissed, as none involved reportable business transactions.

FICAC says under section 24 (1A) and (1B) of the Political Parties Act 2013, an office holder must disclose business interests and transactions but does not require the disclosure of personal connections.

FICAC says in relation to Lotus Construction and Lotus Tours and Travel; the form requires that declarants are to declare any dividends received and directorships.

The Commission confirms Professor Prasad declared his shares in two companies, the value of one company and the loan obtained from the bank.

Professor Prasad also declared that he did not receive any dividends.

FICAC says whilst Professor Prasad declared his shares, no income in the form of dividends were received from the companies.

FICAC says it appreciates the objective of the declaration requirement which is to promote transparency and accountability.

However, the Commission says it is a provision which generates disputes (whether made in good faith or not) between political parties, opposition and their supporters, which in turn has the potential to weaponise FICAC disproportionately against certain individuals.

In this light, in its prosecutorial discretion, FICAC will examine all electoral cases referred to it closely to identify cases of a trivial nature or is a technical breach versus those who wilfully flout the declaration requirements.