Former FijiFirst Member of Parliament, Vijendra Prakash has pleaded not guilty to the charges of Giving False Information to a Public Servant and Obtaining Financial Advantage.
Prakash is alleged to have falsely stated that his permanent place of residence was in Waidracia, Vunidawa, Nabuni, Naluwai, Naitasiri and allegedly obtained $33,670.00 between August 2019 and March 2020.
The Suva Magistrates Court also heard arguments by FICAC and the defence on transferring the matter to the High Court.
FICAC Deputy Commissioner, Rashmi Aslam says the matter should be transferred to the High Court as it is a case of public interest as he is a former Member of Parliament, his current status is irrelevant and he was in the Office when the alleged offence took place.
Aslam also said that matter should be dealt with the High Court as it would also save months and months of time as the Magistrates Court has about 60 FICAC matters to hear while the High Court has about 10.
He added that there is also a need to create a jurisprudence because there is a test to decide when matters can be transferred to the High Court.
Meanwhile, defence lawyer, Avinesh Reddy said the amount concerned is less than $50,000 and can be dealt with by the Magistrates Court.
When asked by Magistrate Jeremiah Savou on why he is referring to the $50,000 amount, Reddy said he is using it is a yardstick from the civil court jurisdiction.
Reddy also argued that Prakash must be treated as a normal member of the public and he should be given the right to be treated as one.
He further argued that keeping the matter in the Magistrates Court would keep the costs low for his client, it will keep the trial period to allow his client to move forward.
The defence lawyer also said that the fact that the Magistrates Court has about 60 corruption matters and the High Court has about 10 means that the Magistrates Court has more experience to deal with such cases.
Aslam also added that it is ironic that Reddy is saying the matter will be dealt with faster in the Magistrates Court when the plea was taken 2 weeks before the one year anniversary of when Prakash was charged.
The Magistrates Court will make a ruling on the application on the 30th of November.
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