The Suva Magistrates Court will rule today on whether it will allow FICAC to tender former Registrar of Political Parties Mohammed Saneem and his statement as evidence in the trial against former Deputy Prime Minister Professor Biman Prasad after it was disclosed to the court and the defence yesterday morning.
This comes as FICAC counsel Joseph Work told the court that Saneem’s statement was recorded last Friday and an email was sent to Professor Prasad’s counsel on Friday night.
He says the documents are certified and not done in bad faith.
Upon questioning, Work conceded that Saneem and Fijian Election Office Director Legal have similar disclosures.
He also says that Saneem will be available to provide evidence and cross examination.
While responding, Naidu says that if the document is saying the same thing then it is a new document and checking his background and what he is saying will take time which is prejudicial to Professor Prasad.
He also accused FICAC of delaying the trial as they know about the evidence.
Work replied that in April this year, the defence wrote an email saying that they believe that there is a 'letter of corporation' and this is what FICAC wants to tender.
Naidu responded that they did not ask for it but wanted to know what it was.
He says it was provided in a non-certified format as part of disclosures in the complaint and he did not ask for a certified copy.
He says if the witness is allowed that questions need to be asked about costs.
Naidu adds that FICAC is not giving them the documents because they asked for it, they are giving it because they want to use it.
Work responded that Saneem's is a better evidence and it is their duty to disclose.
Magistrate Yogesh Prasad responded that it is the court's responsibility to assess and decide to allow it or not.
Professor Prasad is charged with failure to comply with statutory disclosure requirements contrary tosection 24 (5) of the Political Parties Act.
FICAC alleges that between 30th December 2015 to 31st January 2016, in Suva, being an officeholder of the National Federation Party, registered under the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, failed to comply with Section 24(1B)(d), by providing to the Office of the Registrar his declaration of assets, liabilities and income as at 31st December 2015 without disclosing his directorship in Platinum Hotels & Resorts PTE Limited thereby committing an offence contrary to section 24(5) of the said Act.
It is also alleged that on 28th January 2016 in Suva, being an office holder of a registered political party, namely the National Federation Party, recklessly provided false information in a statutory declaration submitted to the Registrar of Political Parties under Section 24 (1B) (d) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, solemnly declaring that the particular contained in his declaration of assets, liabilities and income as at 31st December 2015 were true and complete when the declaration omitted his directorship in Platinum Hotels and Resorts PTE Limited, which omission rendered the declaration false in material particular thereby committing an offence contrary to Section 27 (1) (c) of the said Act.
