#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: New magistrate in bankruptcy claim

Tuesday, June 2, 2009

New magistrate in bankruptcy claim

Faizal and Faiyaz Koya, the two sons of former NFP & Opposition leader, the late Siddiq Moidin Koya, are facing a $184,000 bankruptcy claim – which sources say could have led to Faizal Koya’s decision to accept appointment as a magistrate under the New Legal Order.

The two, until 5 weeks ago jointly operated the law firm of Koyas in Nadi.

Faizal Koya was appointed as magistrate on April 20th, 10 days after the abrogation of the Constitution.

Exactly a year ago, he appeared on Fiji Television’s Close-Up program as a guest with Ro Filipe Tuisawau, ridiculed the People’s Charter and emphatically stated that the Constitution was his charter.

He emphasised if the Constitution was being violated, it was the role of lawyers like him to stand up and defend the supreme law of the country.

Documents obtained by Coupfourpointfive reveal that a judgment based on Bankruptcy Action Number 36 of 2005 was delivered by the then Nadi Magistrate Laisa Laveti on 12th December 2006.

The bankruptcy proceedings were initiated by Ba based lawyer Dr Muhammad Samshu Din Sahu Khan on behalf of Mohamed Akhtar, Trustee of the Estate of his late father Yaar Mohammed.

The bankruptcy proceedings were renewed in the magistate’s court via Action Number 7 of 2009.

Sources have told us the Koyas are disputing the validity of the amount – over $157, 000 being the principal sum plus over $24,000 in interest.

The order obtained through Action Number 7 of 2009 required the Koyas to pay $5000 on the 15th of every month and upon defaulting the payment for over 15 days, they have to pay the entire sum.

Faizal and Faiyaz Koya have not been declared un-discharged bankrupts, something that would be done and a notice to his effect publicised if upon the completion of proceedings, the Koyas declare their inability to pay $184,000.

According to sources, it cannot be established whether the $184,000 was trust funds kept by the law firm operated by the two brothers or by their late father.

But sources say due to the non-viability of the law firm’s operations, Faizal Koya may have opted to secure a regular source of income and therefore accepted appointment as magistrate despite the abrogation of the Constitution.

Coupfourpointfive has been told that given the fact Dr Sahu Khan was one of the prominent lawyers trying to pressure Fiji Law Society President Dorsami Naidu into allowing lawyers to be appointed as judges, despite the abrogation of the Constitution, it is likely the bankruptcy case will be dragged for a while because Sahu Khan is the claimant’s lawyer.

Editor's Note: Koya Bankruptcy Papers at right of blog

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