#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: Fiji Times dodges coverage of its publisher being convicted of manipulating sale of clock

Wednesday, April 13, 2011

Fiji Times dodges coverage of its publisher being convicted of manipulating sale of clock

What should a newspaper do when its publisher is found guilty of abuse of office? Move on, it seems.

We may have to give the Fiji Times the benefit of the doubt (that it's marking time) but it's noticeable it hasn't covered one of the biggies of the week - the conviction of its publisher Mahendra Patel.

Patel has been found guilty, along with Tevita Peni Mau, of approving the purchase of a $75,000 Seiko clock from Prouds Fiji Ltd without following proper tender procedures. Prouds is owned by Patel's Motibhai & Company Ltd

Patel and Mau were originally found not guilty by three assessors but the decision was overturned by the High Court judge, Justice Daniel Goundar, who said he was satisfied the prosecution had provided enough evidence to convict.

According to Fiji Village's story, Goundar said Mau deviated from the tender process as a favour to Patel.

Regarding Patel, Goundar accepted evidence the business mogul directed Naidu to Bhupendra Patel of Motibhai & Company Ltd who owns Prouds Fiji Ltd to buy the clock.

He added that Patel was motivated by corporate greed to increase his personal wealth by authorizing the purchase of the clock from his own company.

Mau and Patel have both been allowed out on bail but have been ordered to surrender their passports.

This is the current story (as of 8.20am this morning) on the Fiji Times website:
 'Assessors have their say'
Shalveen Chand

Tuesday, April 12, 2011
ASSESSORS have unanimously found former Post Fiji chairman Mahendra Patel not guilty while two of the three found former managing director Tevita Peni Mau guilty in the High Court in Suva yesterday.


It was a two-hour wait after Justice Daniel Goundar delivered his summing up to the panel of three assessors.
Mr Patel was found not guilty after that.

Mr Patel and Mr Mau were charged with one count each of abuse of office where they were alleged to have authorised the purchase of a 1.2-metre wall clock for Post Fiji without approval of the board and had not followed proper procedure.

During his summing up, Justice Daniel Goundar told the assessors that they were the judges of the facts and his work was to guide them along the lines of the law.

He told them to approach the evidence of architect Adish Naidu with caution.

Justice Goundar said Mr Naidu may be regarded as having some purpose of his own to serve.
Both Mr Patel and Mr Mau opted not to make comments to the media yesterday.

Justice Goundar thanked and dismissed the assessors and will deliver his judgment today.


EDITOR'S NOTE AT 4PM: The Fiji Times has now reported on the conviction of its publisher. A story on the front page reads 'Mau and Patel Guilty.'

37 comments:

Anonymous said...

I agree with the verdict but Justice Gounder has no mandate to talk about following the rule of law when he is ILLEGAL himself.

He should also be thrown in jail with all others who accepted illegal appointments under the Mataivalu ni Solisona led Government.

The Rule of Law you talk about will come to haunt you one day and I hope you and your family suffer as much as thousands of our people who suffer in silence everyday because of the hardships thay are going through because of 5th December 2006.

Anonymous said...

Jake says;

Judge Goundar should be taken to jail too.

3 vs 2 assessors - how can Judge Goundar overturned this. He has ulterior motive.

mark manning said...

Hasn't Frank's Regime given out several contracts without following Tender Procedures ?

Anonymous said...

NO ONE IS ABOVE THE LAW!

BHIKA & SOROVAKATINI ARE NOW IN JAIL FOR CORRUPT PRACTICES.

THUS, PATEL & MAU SHALL BE LIKEWISE.

REGARDELESS OF ONE'S STATUS IN THE COMMUNITY OR WHATSOEVER, THEY SHOULD EXPECT THE RULING OF LAW.

THIS WHAT HAPPENS TO THE QARANIVALU-A HIGH CHIEF.

Anonymous said...

http://www.fijitimes.com/story.aspx?id=170594

This one seems pretty straightforward

Red Red Wine... said...

Robust corruption with just a hint of stupidity & greed.

Wonder what Rupert makes of it?

Jieke said...

Whats with only 3 assessors? why not have 12?

Anonymous said...

Rest assured skeptics, one can't forever escape the long arm of the law. Cheers to Judge Daniel!

Anonymous said...

LOCAL NEWS

Patel driven by greed says Judge Goundar

April 13, 2011 12:09:02 PMA+ A-|||

Greed was what drove former Post Fiji board chairman Mahendra Patel to allow the purchase of a $75,000 clock from a company that he owned says High Court judge Justice Daniel Goundar.

Justice Goundar who convicted Patel for abuse of office, said he felt sure that Patel was motivated by corporate greed to increase his personal wealth by authorising the purchase of the clock from Motibhai & Company Ltd.

Goundar said he was sure Patel had personally gained from the transaction between Post Fiji and Motibhai and that the interests of Post Fiji were put at a disadvantage by him.

He said Patel had deviated from rules that required him to declare his interest when he authorised the purchase of the clock from a company in which he was the “controlling mind” and signatory to the company’s bank account.

The High Court judge said he regarded Patel’s evidence of good character and although it gave him an advantage, it did not create any doubt about his credibility.

Justice Goundar also convicted former Post Fiji Managing Director Tevita Peni Mau of abuse of office.

He said that by allowing the purchase of the Seiko clock from Prouds Fiji Ltd without following proper tender procedures, Mau did so as a favour for Patel who was then the Board Chairman of Post Fiji.

Meanwhile, both men will appear again in court tomorrow morning where they will be handed their sentences.

FijiLive.

Anonymous said...

Well if you have connections in higher places then you are deemed safe, FOR NOW.

Anonymous said...

Mac Patel,AKA, Political Prostitute of Fiji (Mara's boy, then Rabuka, tried to get close with Chaudhry then in Qarase's think tank, but his journey couldn't continue with Dictator Frank. He should face justice but Justice Daniel Gandu or whatever his surname is, is not a fit and proper person for the bench. He is on a contract and will do whatever he is told.

Anonymous said...

Anon 12:32, it's true noone is above the law, that includes frank and his stooges, all heading for Naboro, se vacava?

Anonymous said...

75k is a drop in the ocean for Mahen....no point in appealing or sending him to jail if he can pay back as that's a saving to the badly dented govt coffers... Gandu or Gounder is there not for independent unbiased justice but to be seen to be doing something that can be seen to justify the taxpayer's money as he takes his order from the illegal regime especially Aiyarse who is non Guji i think....this case is more about other Indians against the Gujeratis

Anonymous said...

Y P REDDY HAS A COURT CASE FILED IN SUVA HIGH COURT.
POLICE INVESTIGATED AND SENT THE FILE TO DPP.
WHY HAVENT DPP AND POLICE CHARGE Y P REDDY TILL DATE.
ALSO COMPOL TELENI WAS REMOVED BEC OF Y P REDDY CASE.
AG/BAI IS CONTROLLING DPP AND NOT CHARGING THE NFP MAN.
WHERE IS JUSTICE.
NFP MAN ARE WITHAG/BAI NOW BALA/UMARIA SHOULD HAVE BEEN CHARGED TOO.

Anonymous said...

talking about tender. This company from Malaysia that was awarded $83million to do the road upgrade in Fiji and based in the West. I was told by one of the senior road engineers from Nasilivata House that the Tender Board last month visited there office and was asking him how was the tender awarded. There was no tender for this work. This is very serious.

Anonymous said...

What 4.5 should do is enquire whether Goundar is declaring all his income. I understand that he has a number of flats on rent in Nailuva Road.
But ni doubt Goundar is this regime's hanging judge.
He also has Australian PR and I am still perplexed as to why it hasnt been cancelled by the Australian government.

Anonymous said...

Goundar said this in his summing up:

The reason you must approach Naidu’s evidence with caution is that he may be regarded as having some purpose of his own to serve. Naidu was the supervising architect for the GPO building. The idea of an exterior clock on the new fa├žade of the GPO building was his brain child. He made the drawings and budgets for the renovations. The defence points out that Naidu carried out an illegal construction without the knowledge of the senior executives of Post Fiji Limited. Naidu accepts that the construction took place without the plans being approved by the Suva City Council. He gave an explanation for this and said the plans were eventually approved. The defence also points out that in his working cost summary dated 10 April 2003 (exhibit D2), Naidu budgeted $75,000 for an exterior clock and calculated 9.05% fee on that amount. The defence says that Naidu had gained more than the company that actually supplied the clock for $75,000. You may think that many a person in Naidu’s position would be tempted to minimize his own role in what had happened, with corresponding temptation to exaggerate or distort that part played by others. He may have a motive for falsifying evidence, or for distorting or suppressing the truth, which is not immediately obvious. What it all amounts to is that you should scrutinize Naidu’s evidence with special care. It is open to you to act upon his evidence if you are convinced of its truth bearing in mind the warning I have given.

In his judgment he said this:

I approach Naidu’s evidence with caution. He is a witness who may have some purposes of his own to serve. Naidu was the supervising architect for the renovations of the GPO building. He had budgeted $75,000 for an exterior clock in his working cost summary document dated 10 April 2003 and had calculated 9.05% fee on that amount. He had been in contact with Motibhai & Company Limited since December 2002 for an exterior clock. He had made previous statements that conflict with his evidence in court.

[17] I observed the demeanour of Naidu when he gave evidence. In my mind there is no doubt that Naidu gave truthful evidence in court. I find that the inconsistencies arising from his previous out of court statement are immaterial and insignificant.

Such contradictions and an innocent man pays. This is what happens when boys are made jusdes. Boys with little knowledge and no wisdom.

God help our beloved Fiji.

Pacific in the Media said...

the fact they get bail before sentencing unlike bhika maymena suspended sentence tomorrow. mac patel claims to have made only $1600 on a $75000 a sponsor could've paid for the clock. -Name removed as requested.-C4.5

Pacific in the Media said...

Anon@5.17pm Your comment was being held for us to follow up but go ahead and eat it. Hope you full-C4.5

mark manning said...

The clock should have been purchased from the Korean Clock Lady :-
http://www.youtube.com/watch?v=-tHMvdBP2RQ

nayacakalou said...

It is sad for Peni to be involved in a Muslim game.What Patel should do is,get your clock,give the money back and call it quits.That clock would be worth at least over $30K today.The government is wasting the peoples money for nothing,and the cost of the court would be over $70K.So much of justice,when the IG have no money.

Anonymous said...

Firstly, Mr. Patel nor Mr. Mau in no way are guilty. The bandwagon monkeys on this board are a bunch of jealous pricks. Mr. Patel has done more for your country than you morons know. You guys were living large before Baini.
Take notice how in the last few years since Bainimarama stole PM office your infrastructure and country has gone to hell.
Rather than wine and complain, you should rise up and take back your country. Glad I don't live in that rat hole.

Anonymous said...

@ Nayacakalou, why is it sad to for Mau, is he a child in an adult CEO's body that he was easily be conned?

Stop crying over spilt milk.

Giving the clock back would not take away the fact of their evil, corrupted intentions in defrauding the company by scratching each other's back for their own personal gain. They both needed to be convicted. People have been sent to jail for less that amount i.e. $75k.

Stop crying over spilt milk.

Jiceke said...

Jake should be made a judge or a permanent assessor in Viti

a.rogo said...

everybody will be judged by their actions...some people who are hiding behind closed doors jest could'nt accept that corrupt practices do happen...the judge can over rule the assecors...thats his perogative and his call....so be it....god bless fiji

Anonymous said...

ALL THE JUDGES/GOVT MINISTER ARE ILLEGAL.SO THE JUDGMENT IS ILLEGAL.
WHAT A JOKE.
NOW AG TELL LAWYERS TO FOLLOW THE LAW.THEY BROKE THE LAW.SHOULD BE CHARGED FOR TREASSON.
GUYS PRACTICE WHAT YOU PREACH.
YOUR DAYS ARE COMING SOON.
GOD IS WATCHING AND NOT BLIND.

nayacakalou said...

@Anon...I think you have a lot of anger in you,the question is the intent.Where else do you think,they should buy the clock from?Why do we have to go and buy the clock from Prouds or any other shop?The best choice is the accused and he deserves,because he is the part of the company.I don,t know where you are barking from,to tell you the truth,in New Zealand when you have a business,you only use the company that is close to you,or a friend,because the expenses is less in the long run.If I was Peni Mau,I would do the same thing,buy it from my mate,nothing wrong about that.

Anonymous said...

corrupt lawyers/judges/ag/govt.

Anonymous said...

@ nayadayada...with the type of CORRUPT, CONFUSED, SCATTERBRAINED & NUTTY thinking you and Fiji's corrupt-to-the-core politicians display, isn't it any wonder Fiji is up shytes creek w/out a paddle! hihihihi.......................!!!!

nayacakalou said...

@Anon...I think its not the politicians,its people like you that wants to know best,think that you a better than anyone else.You are a scared person,you can not even use your name,why do you expect others to listen to you?I think people like you are fake,they don,t exist.If you guys are for real,wants to speak the truth,use your real name.

Nayadayadayadayada said...

Like your infantile bestpal Peni mau drau veisau, u're both spineliness and corrupt to the core, no wonder Fiji's is a mess with peeple of your calibre at the oars.

Dea's my name, appi now? hihihihi...

nayacakalou said...

Da,ass...I did not even know Peni....have been living overseas in the last 30 years,the man has to be given a fair trial and that includes every Fiji citizen,including people like you.The thing to remember,one day it will be your turn.

Anonymous said...

Why is Fiji Times offline?

Winston Smith said...

"Power corrupts; absolute power corrupts absolutely."

Winston Smith said...

Three Sri-Lankan Magistrates have resigned from Fiji’s judiciary, Attorney General Aiyaz Sayed-Khaiyum has confirmed. wonder why!!!

Anonymous said...

Beneficial info and excellent design you got here! I want to thank you for sharing your ideas and putting the time into the stuff you publish! Great work!

Anonymous said...

looks like after they reported about the owner Fiji Times went offline. Maybe Mac has powers beyond what we all know.!!!