Nikhil Aiyush Kumar 
The Suva Magistrates Court has overruled a hearsay objection and admitted a company document into evidence in the trial of Government MP Professor Biman Prasad.
The document lists the directors and secretaries of Platinum Hotels and Resorts PTE Limited and was tendered by FICAC through its first witness, Registrar of Companies official Manasa Talemaipapalagi.
Defence lawyer Richard Naidu had objected to the document, arguing that its maker was not called to give evidence and could not be cross-examined.
He argued that admitting the document would prejudice Prasad’s constitutional rights.
FICAC maintained that the document was an official statutory record kept by the Registrar of Companies and therefore fell under an exception to the hearsay rule.
In his ruling, Resident Magistrate Yogesh Prasad said the document was lodged by a company representative and maintained by the Registrar in carrying out its statutory duties.
The court found that the document was an official company record and could therefore be admitted into evidence.
However, Magistrate Prasad stressed that admissibility does not determine how much weight the court will give the document.
Prasad is accused of failing to declare his directorship in Platinum Hotels and Resorts PTE Limited.
FICAC alleges that between December 30th, 2015 and January 31st, 2016, he failed to comply with statutory disclosure requirements while he was an officeholder of the National Federation Party.
The amended charge alleges Prasad failed to declare the directorship in his assets, liabilities and income declaration submitted to the Registrar of Political Parties as at December 31st, 2015.
The trial will continue next Monday.
