[Photo: LITIA CAVA]

The Magistrates’ Court has allowed FICAC to amend the charges against former Deputy Prime Minister Professor Biman Prasad.

Magistrate Yogesh Prasad ruled that the amendment can proceed, but Professor Prasad must be given time to prepare his defence.

The ruling follows Fiji Independent Commission Against Corruption’s (FICAC’s ) application to change the charge before the trial begins.

FICAC applied on August 7 to amend the charge under Section 182 of the Criminal Procedure Act.

The defence opposed the application, arguing that the proposed amendment would change the legal basis of the case and could require Professor Prasad to prepare a different defence.

Magistrate Prasad agreed that the proposed amendment changes the provisions of the law relied on by the prosecution.

He said this could affect the defence strategy and stressed that an accused person must know exactly what case they have to answer.

The Magistrate therefore permitted FICAC to file the amended charge.

The trial scheduled for August 10 has been vacated.

The case will be called again at 2.30pm today, when FICAC is expected to file the amended charge.

Prof Prasad’s counsel Richard Naidu has indicated that his client may also take his plea this afternoon.

Prof Prasad is facing allegations linked to his time as an office holder of the National Federation Party.

FICAC alleges that on December 30, 2015, he failed to declare his directorship in Platinum Hotels and Resorts PTE Limited in his annual declaration of assets, liabilities and income.

The allegation relates to the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.

He faces one count of failing to comply with disclosure requirements, with an alternative charge of providing false information in a statutory declaration.

The case will now proceed on the amended charge.