This means his FICAC case will continue in court.
It has been ruled that Prasad as the applicant has not met the grounds for a stay.
Professor Prasad was excused from appearing in court today.
Justice Bull says Professor Prasad alleges that FICAC initiated the charge against him in bad faith in that he was not interviewed under caution.
She says it is submitted that the reason given by the FICAC counsel in the Magistrates Court, was that Professor Prasad had been away overseas.
She says she has not been referred to any authority in support of the suggestion that an accused person must be caution interviewed.
The High Court Judge says undoubtedly such an interview forms an important part of an investigation, but where none is conducted, she is not able to see how this could possibly prejudice a fair trial.
She says an accused person who is cautioned and interviewed and chooses to exercise their right to remain silent is in a similar situation and it cannot be said in his behalf that his failure to give a statement in his interview has prejudiced his right to a fair trial, or at all.
The judge says there must be admissible evidence showing bad faith on the balance of probabilities, not speculative theories.
Justice Bull says no evidence meeting this standard has been placed before the court, with the result that this ground also fails.
She adds none of the grounds in support of the application for stay succeeds, therefore the application is accordingly dismissed.
