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

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

Former Minister of Finance, Professor Biman Prasad, has announced plans to contest the charges laid against him by the Fiji Independent Commission Against Corruption (FICAC). His legal representative has confirmed that an application for a permanent stay of proceedings will be filed in the high court. Professor Prasad made his initial court appearance before Magistrate Yogesh Prasad at the Suva Magistrate’s Court.

He is facing a charge of failing to comply with statutory disclosure requirements, with allegations dating back to December 30, 2015. Specifically, it is claimed that he neglected to disclose his directorship in Platinum Hotels & Resorts Pte Ltd in his annual asset declaration, as mandated by the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013. Furthermore, he is charged with providing false information in a statutory declaration by omitting this directorship.

Prasad’s lawyer, Richard Naidu from Munro Leys, stated in court that the application for a permanent stay will be based on four grounds: the validity of the FICAC Acting Commissioner’s appointment, the procedural correctness of the investigation, the basis of the charge, and the issue of prejudicial delay. The application is slated to be submitted within ten days.

During the proceedings, it was highlighted that the case was initiated via a charging summons due to Prasad being overseas at the time. Naidu indicated that he has received full disclosures from FICAC, which will be reviewed before Prasad enters his plea next month.

On the issue of bail, the acting FICAC Commissioner remarked that Prasad is not considered a flight risk and had no objections to his overseas travel, provided he notifies the court and FICAC seven days in advance along with his itinerary. His bail is set at $10,000 on a non-cash basis with two sureties, and he is not required to surrender his passport or comply with a stop-departure order.

Magistrate Prasad disclosed a potential conflict of interest, noting that he had previously purchased property through an agent associated with Prasad in 2010, although both parties agreed to proceed. Professor Prasad is expected to enter his plea on December 8.

The backdrop of this case reflects ongoing concerns regarding political accountability in Fiji, especially in light of similar charges against other members of the government, including Deputy Prime Minister Manoa Kamikamica. Prime Minister Sitiveni Rabuka has expressed confidence in the stability of his coalition government amid these challenges, suggesting that such scrutiny may even foster a stronger commitment to transparency and ethical governance in the future.

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