Biman Prasad to Seek Permanent Stay in FICAC Case in Fiji High Court

Biman Prasad seeks to halt Fiji FICAC corruption case

Former Finance Minister Professor Biman Prasad is preparing to contest allegations brought against him by the Fiji Independent Commission Against Corruption (FICAC). His legal team has announced plans to file for a permanent stay of proceedings in the high court. Professor Prasad made his first court appearance before Magistrate Yogesh Prasad at the Suva Magistrate’s Court regarding charges that he failed to meet statutory disclosure requirements.

The allegations date back to December 30, 2015, claiming that Professor Prasad did not disclose his position as a director of Platinum Hotels & Resorts Pte Ltd in his annual asset declaration as required by the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013. He is also accused of providing false information in a statutory declaration by omitting details about this directorship.

Richard Naidu, Prasad’s attorney from Munro Leys, stated in court that the application for a permanent stay will be grounded on four key points: the legitimacy of the FICAC Acting Commissioner’s appointment, the procedural adherence during the investigation, the foundation of the charges, and concerns regarding undue delay in the proceedings. The formal submission for the stay is expected to be made within the next ten days.

During the court proceedings, it was noted that the case against Prasad was initiated via a charging summons since he was overseas at the time. Naidu has stated that he is reviewing full disclosures provided by FICAC before Prasad enters his plea, which is scheduled for December 8.

Concerning bail, the acting FICAC Commissioner has indicated that Prasad is not deemed a flight risk and did not oppose his overseas travel as long as he informs the court and FICAC seven days in advance with an itinerary. His bail has been set at $10,000 on a non-cash basis, with two sureties, and he is not obliged to surrender his passport or comply with a stop-departure order.

Magistrate Prasad also revealed a potential conflict of interest, disclosing that he had previously purchased property through an agent linked to Prasad in 2010; however, both parties consented to continue with the case.

The developments in this case highlight ongoing discussions about political accountability in Fiji, particularly as other government officials, including Deputy Prime Minister Manoa Kamikamica, face similar allegations. Prime Minister Sitiveni Rabuka has conveyed his confidence in the stability of his coalition government, suggesting that such accountability measures could reinforce commitments to transparency and ethical governance moving forward.

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