The Fiji Independent Commission against Corruption will not be prosecuting Deputy Prime Minister and Finance Minister Professor Biman Prasad as the complaint lodged against him is now closed.

The complaint was in relation to failing to comply with the declaration requirements under Section 24 of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.

In a statement, FICAC says they have formally responded to Supervisor of Elections Ana Mataiciwa regarding a complaint alleging that Prasad had committed an offence for failing to comply with the declaration requirements under Section 24 of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.

The initial complaint was lodged with the Supervisor of Elections by Alexander Forwood of Sydney, Australia.

The complaint had alleged that Prasad, submitted false information in his declaration of income, assets and liabilities for the years 2014 – 2020, 2022 and 2023 to the Fijian Elections Office in his capacity as Party Leader of the National Federation Party.

Deputy Prime Minister and Finance Minister Professor Biman Prasad.

FICAC initiated a comprehensive investigation that included an in person interview with the Prasad and a detailed review of documentary evidence and legal submissions provided by his counsel.

FICAC says although the Political Parties Act does not explicitly list party leader among those required to declare, the Commission concluded that Prasad’s role qualifies him as an office holder under section 24 and therefore subject to its declaration obligations.

It further says that the complaint that Prasad should have disclosed his superannuation is debatable.

FICAC says since 2014, Prasad has provided his declaration to the Fijian Elections Office without including superannuation information, and there is no evidence before FICAC that the Supervisor of Elections or the Electoral Commission ever advised Prasad that his declarations were insufficient or requested that superannuation information be included in the declaration form.

FICAC also says that as there were no grievances raised in almost a decade, any ordinary person in Prasad’s position might think that the declarations provided were sufficient.

Furthermore, the forms required that Prasad or any other office holder to declare their assets and did not specifically require information pertaining to superannuation.

Allegations regarding his spouse’s ties to FEMLink Pacific and the Global Girmit Institute (GGI), as well as his professional association with Dr. Ganesh Chand, were similarly reviewed and dismissed, as none involved reportable business transactions.

FICAC says in relation to Lotus Construction and Lotus Tours and Travel, the form requires that declarants are to declare any dividends received and directorships.

The statement also says that Prasad declared his shares in two companies, the value of one company and the loan obtained from the bank.

Prasad also declared that he did not receive any dividends.

It says that Prasad declared his shares, no income in the form of dividends were received from the companies.

It says if an office holder under section 24 of the Political Parties Act 2013 commits a technical breach in their declaration, that person can still be prosecuted because it is a strict liability offence.

FICAC says they appreciate the objective of the declaration requirement which is to promote transparency and accountability.

However, it is a provision which generates disputes whether made in good faith or not between political parties, opposition and their supporters, which in turn has the potential to weaponise FICAC disproportionately against certain individuals.

In this light, in its prosecutorial discretion, FICAC will examine all electoral cases referred to it closely to identify cases of a trivial nature or is a technical breach versus those who willfully flout the declaration requirements.

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