PARTY TIME IS OVER FOR NFP LEADER PRASAD
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*On the morning of Wednesday, 4th September 2024, as acting Deputy Commissioner, Francis Puleiwai had, after receiving legal advice, sanctioned that Biman Chand Prasad should be arrested and charged the following day (Thursday, 5 September) for multiple statutory declaration breaches under the Political Parties Act 2013. She was exercising her legal powers so the new FICAC Commissioner, Barbara Malimali, has no retrospective power to interfere or review the decision that was legally made to charge the Coalition government's Deputy Prime Minister and Finance Minister Prasad.
*Electoral offences (Chief Justice Tony Gates, 2018) are properly classified as CRIMINAL. A wide range of obligations are placed upon office holders or registered officers of political parties: 24(1A) of the Political Parties Act 2013.
Fijileaks to FICAC: Here are FIRST of the many charges against NFP leader and Finance Minister Biman Prasad that you can start with next week:
Count One
Statement of Offence
PROVIDING FALSE DECLARATION OF ASSETS, INCOME AND LIABILITIES: Contrary to section 24(1A) and 24(5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act No. 4 of 2013.
Particulars of the Offence
BIMAN CHAND PRASAD between 01 January 2015 and 31 December 2015, at Suva in the Central Division, as the Leader of a registered Political Party namely the National Federation Party, provided a false declaration of assets and liabilities to the Supervisor of Elections by failing to declare and provide information namely that BIMAN CHAND PRASAD was a company Director in Platinum Resorts & Hotels Limited, a limited liability company duly registered with the Registrar of Companies in Fiji contrary to sections 24(1A) and 24(5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.
Count Two
Statement of Offence
PROVIDING FALSE DECLARATION OF ASSETS, INCOME AND LIABILITIES: Contrary to section 24(1A) and 24(5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act No. 4 of 2013.
Particulars of the Offence
BIMAN CHAND PRASAD between 01 January 2016 and 31 December 2016, at Suva in the Central Division, as the Leader of a registered Political Party namely the National Federation Party, provided a false declaration of assets and liabilities to the Supervisor of Elections by failing to declare and provide information namely that BIMAN CHAND PRASAD was a company Director in Platinum Resorts & Hotels Limited, a limited liability company duly registered with the Registrar of Companies in Fiji contrary to sections 24(1A) and 24(5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.
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'I don't need to respond to the likes of Chaudhry and Narube. My lawyers have made it clear to FICAC that there is no basis for a charge.' -
Biman Prasad, 13 September 2024
Fijileaks: In the last three weeks, we submitted to FICAC materials we uncovered in the course of our investigations, and independent of the original complainant, against Fiji's Coalition Finance Minister BIMAN PRASAD, and called on the anti-corruption body to start laying charges against Prasad, starting with two counts of his directorship of Platinum Hotels & Resorts Ltd, a company that had provided over $2million to Lotus Construction (Fiji) Ltd in the construction of 28 villa units at Westfield, Legalega, Nadi. Prasad holds 50% shares in Lotus (Fiji) Ltd.
*What 'Lawyers' have advised FICAC that the charges are BASELESS.
*In fact, we will be calling on the Director of the Criminal Investigations Department to begin a separate criminal investigation against Biman Prasad arising out of his nexus with Lotus (Fiji) Ltd.
There is no ambiguity (अस्पष्टता) or exception (अपवाद) in the Political Parties Act. Prasad, within 30 days of the end of each final year of the political party, was required to provide to the FEO a statement containing the following information in respect of him, his spouse and any children:
(iv) any directorships or other office in a corporation or other organisation whether in Fiji or abroad held by each of them.
*He must be charged with 16 counts of failing to disclose (2017, 2018, 2019, 2020, 2021, 2022, 2023 and 2024) that his wife Rajni Kaushal Chand was (is) a trustee of the Global Girmit Centre along with his chamcha Ganesh Chand and Hirdesh Sharma.
*The fact of the matter is that Biman Prasad was aware of the existence of the GGI and that his wife was one of the three trustees, for in May 2023 he gave Chand & Chand $200,000 of taxpayers money for them to organise a two-day girmit related international conference at the USP, and GGI also brought delegates from overseas for the conference, and housed some at the Borron House in Suva.
*FICAC and CID must investigate whether Rajni, Ganesh and Sharma obtained corrupt benefit from Biman Prasad, and if Prasad abused office to dish out $200,000 without calling for tender so other academic institutions could bid to host the girmit conference.
*Biman Prasad must be charged with two counts of failing to disclose that he held 30 per cent shares in Platinum Hotels & Resorts Ltd, a company that provided over $2million towards the construction of the 28 villa units at Legalega, Nadi.
*Biman Prasad must also be charged for lying that he was the sole proprietor of the property 'Burerua Property' in his 2014, 2015, and 2016 declarations.
*A Fijileaks investigation based on documents revealed that he was lying. In 2016, he and his wife Rajni jointly sold the 'Burerua Property' for $550,000 to Lotus Construction (Fiji) Ltd, a company in which Biman Prasad has been a 50% shareholder since 2015. He was already a 5% shareholder since he and his first cousin Sunil Chand formed Lotus (Fiji) on 15 March 2014.
*Prasad revealed Lotus's identity when he became Coalition's Finance Minister.
Fijileaks to FICAC: Here are two counts to start with next week
Count One
Statement of Offence
PROVIDING FALSE DECLARATION OF ASSETS, INCOME AND LIABILITIES: Contrary to section 24(1A) and 24(5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act No. 4 of 2013.
Particulars of the Offence
BIMAN CHAND PRASAD between 01 January 2015 and 31 December 2015, at Suva in the Central Division, as the Leader of a registered Political Party namely the National Federation Party, provided a false declaration of assets and liabilities to the Supervisor of Elections by
failing declare and provide information namely that BIMAN CHAND PRASAD was a company Director in Platinum Resorts & Hotels Limited, a limited liability company duly registered with the Registrar of Companies in Fiji contrary to sections 24(1A) and 24(5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.
Count Two
Statement of Offence
PROVIDING FALSE DECLARATION OF ASSETS, INCOME AND LIABILITIES: Contrary to section 24(1A) and 24(5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act No. 4 of 2013.
Particulars of the Offence
BIMAN CHAND PRASAD between 01 January 2016 and 31 December 2016, at Suva in the Central Division, as the Leader of a registered Political Party namely the National Federation Party, provided a false declaration of assets and liabilities to the Supervisor of Elections by
failing to declare and provide information namely that BIMAN CHAND PRASAD was a company Director in Platinum Resorts & Hotels Limited, a limited liability company duly registered with the Registrar of Companies in Fiji contrary to sections 24(1A) and 24(5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.
From Fijileaks Archive, 26 August 2024
The original complainant to FEO who referred the matter to FICAC in April 2024
1. Failed to declare the FNFP contribution as it added on top of his salary under the Parliamentary Remuneration Act 2014, excluding his contribution as required by law.
2. Failed to declare his travel allowances and the amounts he received during his overseas travel.
3. Failed to declare that he is the Governor of the Asian Development Bank in Fiji.
4. Failed to declare that his wife Dr Rajni Chand is the trustee of the Global Girmit Institute and that it facilitated the funds of $200,000 given by the Coalition Government.
5. Faied to declare his connection to Ganesh Chand and Hirdesh Sharma , the registered Trustees of the Global Girmit Institute, upon receiving $200,000 of Taxpayers funds.
6. I note that Biman Prasad declared that he owns 50 per cent shares in Lotus Construction Pte Limited however, upon obtaining the registration documents and the Article of Association – it was established that Biman Prasad only has a 5 per cent share in Louts Construction and not the 50 per cent share he claims in his declaration
7. I note that one of the directors of Lotus Construction, who Biman Prasad has shares, is Sunil Chand. Biman Prasad did not declare the business connection with Sunil Chand, who has the same Lotus Construction company in Australia, thus being a breach under section 24 (a) (b) (iii) of the Political Parties Act 2014 (Attached is exhibit 5- Louts Construction registration in Australia).
8. Biman Prasad’s spouse, Dr Rajni Prasad [Chand], did not declare that she is Chairperson to Femlink Pacific (Please note she has held this position from 2009 to date), therefore being a breach under 24 (1a) (d) of the Political Parties Act (Attached is exhibit 6- Femlink Document stipulating that Dr Rajni Prasad is the Chairman of the organisation). Dr Rajni Chand may/may not receive a salary from this post; nonetheless, it was a non-declaration.
9. I note that Biman Prasad and Dr Rajni Chand have not declared under section 24 (1) (a,b (iii) and 24 (1A) (c) of the Political Parties Act 2014 their business transaction to one Dr Ganesh Chand who is the co-trustee of the Global Girmit Institute as previously mentioned. However, due to the business transaction, the fact that must be taken into account is that Biman Prasad allocated $1 million to Pacific Polytech, whose Advisor is Dr Ganesh Chand. Please note that no tender process was in line with the Laws of Fiji. Please note that Pacific Polytech has not submitted its Audit reports. In 2022, funds were transferred to Pacific Polytech.
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In The First Circle Solzhenitsyn wrote:
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