Suva Magistrate Yogesh Prasad has rejected former Prime Minister Professor Biman Prasad’s counsel Richard Naidu’s application for temporarily halting the trial currently underway as he intends to file a permanent stay on proceedings in the High Court. This comes as Magistrate Prasad has ordered FICAC to disclose two witness statements from Professor Prasad’s counsel. The ruling was made after Naidu challenged the non-disclosure of the statements, which were recorded during an earlier investigation. The court found that the statements exist and could assist the defence. Magistrate Prasad has stressed that the prosecution has a duty to disclose all material information relating to the charges before trial. He says this includes evidence the prosecution intends to rely on, as well as unused material that the prosecution possesses or considers could assist the defence. Magistrate Prasad says there should be full disclosure and there cannot be a pick-and-choose approach to what material is disclosed. The Magistrate accepted the investigator’s evidence that the decision not to use the two statements was based on relevance and that an investigator has discretion when gathering evidence during an investigation. While rejecting Naidu’s application, Magistrate Prasad said that the trial is afoot and unless a High Court orders him, there is nothing stopping him from continuing the trial. Naidu stressed that his application be put to record. The trial continues.
Magistrate rejects Naidu’s application to temporarily halt Prof. Prasad’s FICAC trial pending High Court stay application
