Nikhil Aiyush Kumar 
[Photo: FILE]
The Suva Magistrate Court has ordered the Fiji Independent Commission against Corruption to disclose the complaint letter to former Deputy Prime Minister Professor Biman Prasad’s counsel within the next three days.
This was after his lawyer Richard Naidu told the court that the Acting FICAC Commissioner, Lavi Rokoika had mentioned in the stay application proceedings in the High Court of a complaint for the very first time which, Naidu says has not been disclosed to them at any point.
Naidu told resident Magistrate Yogesh Prasad that they had written to FICAC thrice, seeking the complaint letter but have not received any response.
He also stated that Rokoika had offered to voluntarily furnish it however even after writing to them nothing has been done about it.
Naidu stated that they want to know the nature of complaint so that there are no surprises for the defence during the trial.
He also pushed that regardless of whether the complaint is relevant or not or whether FICAC will rely on it during trial, it ought to be properly disclosed.
Magistrate Prasad told the FICAC prosecutors that according to the rules of disclosure any material evidence has to be disclosed to the defence.
He ordered FICAC to relook at the disclosures and resubmit it to Professor Prasad’s counsel as any non-disclosure is not procedurally fair.
The Magistrate gave FICAC 14 days to file and serve their pre-trial material and the matter will be called again on the 21st of next month.
In this matter Prasad is charged with failing to comply with statutory disclosure requirements and of providing false information in a statutory declaration.
