News

High Court Dismisses Application For Permanent Stay

Posted by Media Team 21 September 2026

The High Court in Suva today dismissed an application by former Deputy Prime Minister Professor Biman Prasad seeking a permanent stay of criminal proceedings against him in the Magistrates Court.

Prof. Prasad faces one count of Failure to Comply with Statutory Disclosure Requirements under the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, and an alternative count of Providing False Information in a Statutory Declaration, in proceedings brought by the Fiji Independent Commission Against Corruption (FICAC). T

he application followed issues concerning the disclosure of two statements made by former National Federation Party officials, Mr Kamal Iyer and Mr Dalip Kumar, during an earlier FICAC investigation.

FICAC Investigating Officer Ms Asenaca Niumataiwalu told the Court that the statements were obtained during an earlier investigation, FEP 41/24, and were not included in the current investigation, FEP 89/25, as she considered them not relevant to that investigation.

Justice Thushara Rajasinghe considered whether the circumstances surrounding the statements and their subsequent disclosure had caused such prejudice that Prof. Prasad could no longer receive a fair trial.

The Court noted that the statements, together with a complaint by Mr Victor Lal, were ultimately disclosed during the Magistrates Court proceedings.

Justice Rajasinghe found that the late disclosure did not prevent Prof. Prasad from receiving a fair trial or impair his ability to present his defence.

The Court also found that the circumstances did not establish the level of deliberate or improper conduct, or abuse of process, necessary to terminate the proceedings.

Justice Rajasinghe therefore refused and dismissed the application for a permanent stay.