The Fiji Independent Commission Against Corruption, the country’s anti-corruption agency known as FICAC, has closed its prosecution case against former Deputy Prime Minister Biman Prasad. The commission finished its evidence after questioning of its final witness ended in court, and the defence is now set to argue that the evidence is not enough to require Prasad to answer the charges, FBC News reported on 8 October 2026.
Key facts
- FICAC closed its case against Prasad, a former Deputy Prime Minister, according to FBC News.
- The last prosecution witness was Mesake Dawai, Manager Legal at the Fijian Elections Office, the body that administers elections in Fiji.
- Dawai was extensively questioned about the statutory declaration that FBC News describes as being at the heart of the case.
- Prasad is represented by defence counsel Richard Naidu.
- The court has ordered both sides to file written submissions.
- No ruling or verdict has been reported; the charges remain allegations.
Why it matters
The case turns on whether a senior political figure was legally obliged to disclose particular information under Fiji’s political party rules. FBC News reports that the defence is expected to argue the prosecution has failed to establish that Prasad was legally required to make the declarations in question. That argument will be put to the court as a no-case-to-answer submission, meaning the defence contends the prosecution evidence does not meet the threshold for Prasad to mount a defence at all.
The matter also lands while the role of FICAC itself has been debated in Parliament, as Fiji News has previously reported, with MPs split over the commission’s place in the constitution.
The final witness
Dawai’s evidence concentrated on the statutory declaration form used by Prasad. FBC News reports that Naidu challenged the legal basis for requiring the information the form asked for, taking the witness through the Political Parties Act as it stood before amendments made in 2021.
Naidu argued that the earlier version of the law did not require political parties to supply details of office holders, assets and liabilities in the form Prasad used, the broadcaster reports. Dawai held to the position that the form was built to help parties comply with the Act, but conceded under questioning that it conformed to the legislation only in part.
Who counts as an office holder
The defence then moved to the question of who the law treats as an office holder. Naidu referred the court to Clause 13 of the constitution of the National Federation Party, pointing out that the clause does not identify the party leader as an office bearer, according to FBC News.
That definitional point, the broadcaster reports, is now central to the submissions the defence will file. If the party leader is not an office bearer under the party’s own rules, the defence case is that the disclosure obligation the prosecution relies on does not attach in the way alleged. FBC News does not report FICAC’s response to the Clause 13 argument.
What happens next
FICAC formally closed its case following re-examination of Dawai and questions from the bench, FBC News reports. With the prosecution evidence complete, the court has directed both the commission and the defence to put their positions in writing rather than argue them orally on the spot.
The broadcaster does not report a date for the submissions to be filed, nor a date for the court to rule on whether Prasad has a case to answer. Until the court decides that question, the allegations against him are untested.
Background
The Political Parties Act and the 2021 amendments to it sit at the centre of the dispute over what parties and their senior figures must disclose. Fiji’s party-funding framework has since moved again: as Fiji News has reported, Fiji set a $20,000 donation cap and lifted the ban on foreign money for political parties.
FBC News does not set out the specific charges Prasad faces, the court hearing the matter, or when the prosecution case began. It reports only that the declaration is at the heart of the case, that Dawai was the final prosecution witness, and that FICAC has now closed its case. Fiji News will report the court’s decision on the no-case-to-answer submissions when it is delivered.
Frequently Asked Questions
Has Biman Prasad been convicted or cleared?
Neither. FBC News reports only that the prosecution has closed its case and that the court has ordered both sides to file written submissions, with the defence set to argue there is no case to answer. No verdict has been reported, so the charges remain allegations.
What did the Fijian Elections Office say the statutory declaration form was for?
According to FBC News, Elections Office Manager Legal Mesake Dawai maintained that the declaration form was designed to facilitate compliance with the Political Parties Act. Under questioning he accepted that the form only partially conformed to the legislation.
Will the prosecution call any more witnesses?
No. FBC News reports that Dawai was the final prosecution witness and that FICAC closed its case after his re-examination and questions from the court. The next step reported is the filing of written submissions by both sides.
Why does the National Federation Party constitution matter in this case?
Defence counsel Richard Naidu pointed the court to Clause 13 of the party constitution, which he said does not identify the party leader as an office bearer, FBC News reports. The outlet says the definition of an office holder is now central to the no-case-to-answer submissions.
