The Suva Magistrates Court has ordered FICAC to disclose all material in its possession, particularly a complaint relating to Government MP and National Federation Party leader Professor Biman Prasad to Professor Prasad's counsel Richard Naidu within 3 days.
This comes as Naidu informed the court that the Acting FICAC Commissioner Lavi Rokoika had informed the High Court during the hearing on the stay application that there was a complaint but she had later withdrawn the statement.
Naidu says this was the first time they had heard about the complaint and had written to FICAC on the 27th of March and 7th and 13th of April, but they did not receive a response on any occasion.
Magistrate Yogesh Prasad initially allowed FICAC to provide the complaint before 21st May, however, Naidu asked why it cannot be provided immediately, especially when Rokoika had volunteered to provide the complaint.
Naidu also stressed that the complaint should be disclosed to them without any conditions and says he does not want FICAC coming back with an excuse to say they are not relying on the complaint, therefore there is no need to disclose.
FICAC lawyer Arieta Vaganalau informed the court that she is not aware of any complaint.
She says she is appearing on behalf of Joseph Work who is unable to appear for this case as he is in a trial.
While ordering FICAC to provide the letter to Naidu, Magistrate Prasad reminded FICAC to do their duty as an officer of the court and as a fair prosecution.
He says defence should not be surprised or else he will give no weight to the evidence during trial.
He also highlighted that rules of disclosure are the constitutional rights of the accused person and any surprises or ambush is not going to be accepted in court because the Criminal Procedure Act and the Constitution disallows it.
Magistrates Pradad added that it is rare in criminal law for disclosures to be withheld.
Meanwhile, Naidu also informed the court that the ruling on their stay application will be delivered by the High Court next Friday.
Professor Prasad is charged with providing false information in a statutory declaration, having allegedly recklessly submitted a declaration that omitted his directorship, rendering it materially false.
The matter has been adjourned to the 21st of May.
