The Suva High Court will decide on Monday whether the FICAC case against former Deputy Prime Minister Professor Biman Prasad will continue or not after Professor Prasad’s lawyer, Richard Naidu made submissions stating that FICAC must face consequences for failure to disclose material that could assist the defence.
The defence is seeking a permanent stay of the proceedings in the Magistrate’s Court where Professor Prasad is charged with two offences relating to alleged non-disclosure in his 2015 statutory declaration while he was an office holder of the National Federation Party.
Naidu says FICAC deliberately withheld two NFP statements, as well as other statements which could have been relevant to the defence.
He says FICAC had failed in its fundamental responsibility to disclose relevant material and said there must be consequences for reckless conduct.
Naidu says consequences are necessary to provide an incentive for FICAC to change its behaviour.
He referred to evidence from FICAC Investigating Officer Asenaca Niumataiwalu, who agreed that material potentially helpful to the defence had been withheld.
Naidu says this is a case without precedent.
The defence lawyer says Niumataiwalu is not an unreliable witness.
Naidu also told the court that Professor Prasad is a parliamentarian and that General Eection could happen any time.
He argued that the alleged disclosure failures had already caused damage to his client.
Naidu says Professor Prasad’s constitutional rights had been breached and urged the court to grant a permanent stay.
Meanwhile, FICAC lawyer Joseph Work says the defence is unfamiliar of criminal procedures and there's abuse of process by them.
Work says they need to prove actual prejudice.
Justice Thushara Rajasinghe stressed that FICAC could have avoided unnecessary hearing and voir dire if they responded to the questions asked by defence.
Work further says this is the second attempt for stay proceedings.
The judgement will be delivered on Monday.
