[Photo: Nikhil Aiyush Kumar]

The Fiji Independent Commission Against Corruption is opposing a permanent stay of criminal proceedings against former Deputy Prime Minister Professor Biman Prasad.

FICAC lawyer Joseph Work told the Suva High Court that the alleged disclosure issues raised by the defence can still be addressed through the ongoing trial.

He said a permanent stay is an exceptional remedy and should only be granted if a fair trial is no longer possible, or if the prosecution’s conduct is so serious that continuing the case would amount to an abuse of process.

Work said neither threshold has been met.

He said the trial was still ongoing and any legitimate disclosure concerns can be dealt with through further disclosure, cross-examination and, where legally allowed, the recalling of witnesses.

The defence has argued that FICAC failed to disclose relevant material, compromising Prof Prasad’s right to a fair trial.

Defence counsel Richard Naidu questioned the handling of witness statements and other investigative material.

This included a statement recorded in October last year, which Naidu said was placed on an investigation file that had previously been described as closed.

The defence also raised concerns about statements from other witnesses which it says investigators knew about but did not disclose because they were considered unhelpful to the prosecution.

Naidu argued that such material could still be important to the defence.

He said the duty to disclose evidence does not rest solely with investigators and prosecutors must also review investigative material and ensure relevant evidence is disclosed.

Work said the defence must show actual prejudice and identify how specific undisclosed material would affect its case.

He argued the court should not speculate about possible prejudice.

FICAC also submitted that some of the issues raised by the defence are more appropriately dealt with through the appellate process rather than a permanent stay.

The Commission pointed out that this is the second stay application in the matter.

Prasad faces two charges relating to the declaration of his assets, liabilities and income.

FICAC alleges that between December 30, 2015 and January 31, 2016, Prof Prasad failed to declare his directorship in Platinum Hotels and Resorts PTE Limited while he was an office holder of the National Federation Party.

Justice Rajasinghe is expected to rule on the permanent stay application next Monday.