Richard Naidu, the lawyer for National Federation Party Leader and Member of Parliament, Professor Biman Prasad, has today informed the Suva Magistrates Court they will be filing for a permanent stay on the charges laid by FICAC against Professor Prasad.
Naidu says they will file the application in the High Court based on the grounds which include the validity of the appointment of Lavi Rokoika as the Acting Commissioner of FICAC, prejudicial delay as it is 10 years from the matter being raised from 2015, there are issues with the law underlying the charge and the conduct of the investigation.
The FICAC prosecutor also confirmed before Magistrate Yogesh Prasad that the matter was initiated via summons since Professor Prasad was overseas, and therefore no interview was conducted by FICAC with Professor Prasad.
Professor Prasad has been granted bail by the Magistrate.
He is charged with two counts of failure to comply with statutory disclosure requirements.
Professor Prasad is also charged with providing false information in a statutory declaration, having allegedly recklessly submitted a declaration that omitted his directorship, rendering it materially false.
Before the court proceedings began, Magistrate Prasad declared that in 2010 he had purchased a family property belonging to Professor Prasad in Tamavua.
There was no objection to this disclosure from either FICAC or the defence, and therefore the potential conflict was declared.
Rokoika also confirmed that Professor Prasad is not a flight risk, and therefore no stop-departure order was issued.
Professor Prasad was not required to surrender his passport.
Magistrate Prasad informed the court that the defence counsel will need to give ample notice to the court whenever Professor Prasad intends to travel overseas.
Richard Naidu told the court that due to Professor Prasad’s academic commitments, he needs to prepare early for his travel, and therefore they wish to inform the court 14 days in advance.
Naidu requested that notice be given to the court through a formal email with his flight itinerary attached.
Magistrate Prasad said they also need to outline the time of his departure and arrival.
Professor Prasad has a non-cash bail of $10,000 with two sureties.
His sureties are National Federation Party President Parmod Chand and one of the founders of People's Alliance and Deputy Chair of Fijian Holdings Limited, Sakiusa Raivoce.
Supporters, friends, and family of Professor Prasad gathered outside the court today morning to show their support.
The matter has been adjourned for plea on December 8th.
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