Mollyn Nakabea 
[Photo: Mollyn Nakabea]
The prosecution has closed its case against former Deputy Prime Minister Biman Prasad.
The defence is now set to argue that the evidence is not enough to require him to answer the charges.
The final prosecution witness, Fijian Elections Office Manager Legal Mesake Dawai, was extensively questioned over the statutory declaration at the heart of the case.
Defence counsel Richard Naidu challenged the legal basis for requiring the information contained in the declaration.
He took Dawai through the Political Parties Act as it stood before the 2021 amendments.
Naidu argued that the earlier law did not require political parties to provide details of office holders, assets and liabilities in the form used by Prasad.
Dawai maintained the declaration form was designed to facilitate compliance with the Act.
But under questioning, he accepted that the form only partially conformed to the legislation.
The defence then turned to the definition of an office holder.
Naidu referred to Clause 13 of the National Federation Party constitution, pointing out that it does not identify the party leader as an office bearer.
The issue is now central to the no-case-to-answer submissions, with the defence expected to argue that the prosecution has failed to establish that Prasad was legally required
to make the declarations in question.
Following re-examination and questions from the court, the Fiji Independent Commission Against Corruption closed its case.
The court has ordered both sides to file written submissions.
The oral submissions will be heard on October 14
