Former finance minister Professor Biman Prasad is preparing to legally contest the accusations against him by filing for a permanent stay in the high court, as confirmed by his legal counsel. His first court appearance took place at the Suva Magistrate’s Court, where he faces one charge of failing to comply with statutory disclosure requirements from 2015.
The allegations stem from his failure to disclose his position as a director of Platinum Hotels & Resorts Pte Ltd in his annual declaration submitted to the Registrar of Political Parties under the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013. This incident, which is said to have occurred around December 30, 2015, has led to claims that he provided false information in a statutory declaration.
In court, Professor Prasad’s lawyer, Richard Naidu from Munro Leys Lawyers, stated that the forthcoming application for the stay will focus on four main grounds: the legitimacy of the Acting Commissioner of FICAC, Lavi Rokoika’s appointment, procedural correctness of the investigation, the foundation of the charges, and issues surrounding potential prejudicial delay. The application is slated to be submitted within ten days.
The court processes were initiated through a charging summons because Professor Prasad was overseas at the time the charges were filed. Naidu confirmed receiving full-phase disclosures that will be assessed before Prasad’s planned plea next month. He will take his plea on December 8.
Concerning bail, Ms Rokoika indicated Professor Prasad is not deemed a flight risk; thus, he is permitted to travel abroad upon notifying the court and FICAC seven days in advance. His bail has been set at a non-cash bond of $10,000, backed by two sureties, without the requirement to surrender his passport or fulfill any reporting conditions.
A potential conflict of interest arose as Magistrate Yogesh Prasad disclosed having purchased a property through Professor Prasad’s agent in 2010, yet both parties consented to proceed with the case without objections.
The proceedings against Professor Prasad take place during a period of heightened scrutiny regarding accountability and transparency among Fiji’s political figures, following similar charges against other officials. Prime Minister Sitiveni Rabuka has expressed confidence in the stability of his coalition government despite these developments.
As this legal matter unfolds, it presents an opportunity to reinforce the discourse surrounding ethical governance and the importance of maintaining public trust in political institutions in Fiji.
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