[Photo: File]

The Suva Magistrates Court will deliver its ruling next Monday on whether a letter from the National Federation Party can be admitted as evidence in the ongoing case.

Magistrate Yogesh Prasad heard extensive submissions today on the prosecution’s application to tender the letter through Fiji Elections Office witness Mesake Dawai.

FICAC Manager Legal Joseph Work argued the letter falls under the public-document exception to the hearsay rule.

He told the court the letter was submitted by the NFP’s registered officer to the Registrar of Political Parties and retained by the Fiji Elections Office in the course of its statutory duties.

Work also argued that, alternatively, the prosecution is not relying on the contents of the letter to prove the truth of what it states, but only to establish that the document was made, submitted and received.

However, defence counsel and former Deputy Prime Minister and NFP Leader Professor Biman Prasad opposed its admission.

Prasad argued the letter is hearsay and that its maker is available and should be called to give evidence, allowing the defence to question the author.

He also challenged FICAC’s reliance on the public-document exception, arguing that the register of political parties is not open for public inspection and that the prosecution had not established the legal requirements for the exception to apply.

Prasad further questioned the relevance of the letter if the prosecution only intends to establish that it was received and retained by the Elections Office.

Magistrate Prasad told both sides he would carefully consider their submissions, stressing the need to establish the truth while upholding the fundamentals of a fair trial.

He also cautioned the parties against making side comments and urged them to focus on the legal issues before the court.

The court is expected to deliver its ruling on the hearsay and admissibility issues next Monday.