Former Deputy Prime Minister Professor Biman Prasad’s counsel, Richard Naidu, raised another objection in court today during the FICAC trial against Professor Prasad, saying a document submitted by FICAC was not the original.
Naidu had objected to the document last week on hearsay grounds.
That objection was overruled by the court this morning and the document was admitted into evidence.
However, upon closer examination, Naidu noticed that it was a colour copy and not the original.
FICAC counsel Joseph Work responded that the document bears the Fijian Elections Office seal.
Magistrate Yogesh Prasad says that under the Best Evidence Rule, the copy could only be accepted if the original could not be found or had been destroyed.
Magistrate Prasad asked FICAC to check with its investigating officer, obtain a statement from the officer and provide that statement to Naidu by 4pm today.
Professor Prasad's counsel also raised that FICAC had earlier told the court it had all the original documents, but in this case, the original was not before the court.
Work submitted that, by its very nature, the document is a public document.
Magistrate Prasad has adjourned proceedings until tomorrow morning.
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.
