Nikhil Aiyush Kumar 
[Photo: Supplied]
A hearsay dispute has taken centre stage in the trial of former politician Biman Prasad at the Suva Magistrates Court.
The Fiji Independent Commission Against Corruption says documents relating to the directorship of Platinum Hotels and Resorts are not hearsay and should be admitted as evidence.
Acting Manager Legal Joseph Work told the court the documents are required to be maintained under statutory requirements.
He argued the records are prescribed by legislation and submitted to the Registrar of Companies, a statutory office responsible for business registration.
FICAC has asked the court to dismiss the defence objection, arguing the documents form part of statutory records.
Defence lawyer Richard Naidu maintains the documents are hearsay.
Naidu told the court that producing a document without calling its maker to give evidence amounts to hearsay.
He also argued FICAC regularly deals with company documents but has provided only one case authority to support its position.
Naidu says the document is not conclusive evidence of any pertinent information.
He further argued that FICAC is attempting to interpret the law on hearsay in a way that could affect the constitutional rights of the accused.
Prasad is alleged to have failed to declare his directorship in Platinum Hotels and Resorts PTE Limited.
The amended charge alleges that between December 30, 2015 and January 31, 2016, Prasad, as an officeholder of the National Federation Party, failed to comply with statutory disclosure requirements by not declaring the directorship.
FICAC alleges he provided the Registrar of Political Parties with his declaration of assets, liabilities and income as at December 31, 2015, without disclosing the directorship.
