Court to rule on FICAC charge amendments

Fiji's Magistrates' Court is set to rule on Wednesday regarding an application by the Fiji Independent Commission Against Corruption (FICAC) to amend charges against former Deputy Prime Minister Biman Prasad. Prasad faces two counts of indecent assault under the Crimes Act 2009.

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The proposed amendments concern the dates and subsections of the charges, and would not change their nature or interpretation.

FICAC filed the application on Friday, after the case had already completed its final pre-trial conference and was scheduled for trial. During court proceedings, FICAC stated that the proposed amendments pertain to the dates and subsections of the charges, asserting they would not alter the charges' fundamental nature or interpretation.

The defense, however, contended that FICAC had ample time to amend the charges over nine months but only pursued these changes at the trial stage. While not opposing amendments in principle, the defense argued that only minor adjustments, such as dates or punctuation, should be permitted at this juncture. They maintained that altering subsections would constitute a substantive amendment, potentially prejudicing their case.

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FICAC had nine months to amend the charges but only sought the changes at the trial stage.

The court acknowledged that only minor amendments are permissible at this stage. A definitive ruling is expected at 11 a.m. on Wednesday.

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changing the subsections would amount to a substantive amendment and could prejudice the defence.