#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: Mau seeking retrial but hardline judge unlikely to budge

Friday, April 15, 2011

Mau seeking retrial but hardline judge unlikely to budge

"Goundar says both Mau and Patel expressed no remorse.

Goundar considers Patel to be more culpable than Mau as Patel financially gained, although the amount of profit is relatively small."

Peni Mau's defence lawyers are back in court this morning seeking a retrial and recusal of Justice Daniel Goundar.

Fiji Village says Mau’s defense counsel Devinesh Sharma said in court yesterday that architect and FICAC witness Adish Naidu was negotiating with Motibhai on the Seiko clock on his own accord and there is no evidence that Mau was involved in the discussions.

Sharma said that the judge has convicted Mau but according to the constitution there is a statutory protection for a fair trial.

Mahendra Patel has been sentenced to 12 months imprisonment while Mau has been sentenced to 9 months imprisonment.

Justice Goundar said Patel’s age and health condition do not constitute exceptional circumstances to justify suspending the sentence.

The judge said both Mau and Patel express no remorse.

Justice Goundar said Mau’s written mitigation makes a reference that he apologizes if his actions have caused loss or prejudice to Post Fiji Limited.

However, the judge said it is evident from the other parts of his written mitigation that he is not accepting the findings made against him that he acted despotically with improper motive, causing prejudice to Post Fiji.

He said a total absence of remorse even after finding of guilt is another factor that operates against suspending of sentences.

Goundar said those who hold high public office must realize that the institutional procedures exist for good reasons and those who blatantly disregard these procedures at their whims must be deterred.

He also said he considers Patel to be more culpable than Mau as Patel financially gained, although the amount of profit is relatively small.

In other reports on the case, Patel's defence lawyer, Hemendra Nagin, told Radio Australia's Stephanie March, his client played no part in the purchase of the clock.


Presenter: Stephanie March
Speaker: Hemendra Nagin, Fiji lawyer
NAGIN: The purchase of the clock is a management matter with the architect, and therefore did not come to the board for any approval. The board they'd actually approved capital expenditure budget, and this clock was within that budget.

MARCH: Now that defence was obviously not accepted by the court. What was the reason given by the judge?

NAGIN: The judge apparently made up his own mind about it when the clear assessors were sitting in the trial all returned a verdict of not guilty. And yet the judge overturned that. Assessors appointed are ordinary people appointed by the court to sit in and give their opinion. Their opinion is not hundred per cent binding on the judge, but usually when there's an unanimous decision, then unless a decision is perverse or unreasonable by the assessors, it must be accepted by the judge.

MARCH: In sentencing today the judge sentenced Mr Patel to 12 months in prison. I understand that that has been appealed, but bail was refused pending the appeal. What's the process from here forward?

NAGIN: We had indicated that we were appealing and we wanted bail pending that appeal, but the appeal has not been filed because it was only this morning that the judgement came out. So we have now prepared the appeal and most likely it will be filed tomorrow morning.

MARCH: And are you appealing against the sentence or are you appealing against the conviction?

NAGIN: Against both, we are appealing against the verdict and also the sentence, and we are also applying for bail pending appeal.

MARCH: Are you confident that the appeal will be successful, or do you feel that the courts will come to the same finding?

NAGIN: If we have a good court of appeal I'm sure that we'll succeed.

MARCH: Frank Bainimarama has declared to stamp out corruption in public office in Fiji. Do you think that Mr Patel and his colleague are being targeted to show that the regime is tough on corruption?

NAGIN: Well I don't know why they're being targeted but when I look at the facts this is the weakest case for the prosecution I've ever seen.

MARCH: Do you think that his conviction is going to have any impact on his business as the head of Mohitibai Company Limited and also the proprietor of the Fiji Times?

NAGIN: I don't think it'll affect his business very much because the business, all different arms of business are operating independently, it doesn't require his personal day to day attention.

27 comments:

Anonymous said...

Goundar looks like a GANDA who bends over regularly for Khaiyum & Gates just like his Mataivalu ni solisona bosses.

Anonymous said...

All very well & noble - but how does Justice Goundar reconcile all this with the current legal & moral position of his current employees?

Anonymous said...

this patel should be send to jail for years imagine the amount of rotten deals his done over the years,send him to jail the greedy s.o.b

Anonymous said...

@ANONYMOUS 11.26AM,

PATEL REAP WHAT HE SOWS...FULL STOP!

WE'LL MEET OUR DAY ONE DAY.

islander said...

How does this idiot of a judge expect Mau to show remorse when he obviously does not agree that he has done something wrong? Mau, who has done alot to change the image and profitability of the Post certainly must be feeling pretty low.

It appears that all successful Fijian CEOs have been attacked and changed for some reason or other on charges which can be made to stick in this current atmosphere - as in Mau's case. Narube, Tuisolia, Bovoro, Fatiaki, Weleilakeba, Tabaleka and the list goes on! So what have their replacements been able to achieve, better then what their predecessors? And what has the nation achieved?

a.rogo said...

thank u justice goundar for doing your job....god bless

a.rogo said...

Justice Goundar is doing his job...for you anonymous
a coward hiding under that name, using others property and good for nothing...if u are working...god will pay wat ever things we do either good or bad...if u think wat u doing is right by using internet survice during working hours...only god knows....god bless

mark manning said...

How many more witch hunts will Frank and Co. go on ?
Will Aiyaz buy Patel's business interests now, at a much more affordable price?
Will Goundar apply the same principles he has to these men, to himself, once justice catches up with him ?
I doubt it, he will be on the 1st. plane out of Nadi when the attack begins.

Anonymous said...

a rogo..boci , ulukau
u should knoow very well that the judiary in fiji is not functioning very well..

Anonymous said...

ficac should invesigate bainimarama and all his solisona military officers,, one of them is kete vaka puaka teleni who abuse govt funds in the police force and also the current tabetabe police commissioner naivalurua.. talk smart,but do nothing..

Anonymous said...

Of judges and rulings ...

Former judge Nazhat Shameem must have earned in excess of $350,000 last year from the training programs she conducts for members of the judiciary, magistracy, police and other civil servants.

The programs are fairly elementary and full of good governance rhetoric. - but really just a money making racket for Shameem cooked up by her with Aiyaz Khaiyum’s blessings. These training programs can be mounted in house without the need to hire someone as expensive as Shameem.

Who has determined her rate of pay? She is in the super pay league along with Bai and Khaiyyum who are collecting close to $0.5m each. Meanwhile, the real game plan is for this former lady of the bench to be put in a position from where she can manipulate the judiciary to suit the political agenda of the regime. It is common knowledge in legal circles that she directs and writes judgments for High Court judge Daniel Gounder. The weird decision in this week’s case where Gounder overruled the unanimous not guilty verdict of the assessors speaks for itself.

Instead of preaching good governance, transparency and accountability, the lady should be teaching how to cheat without getting caught. Your day of reckoning is coming soon, Nazhat.

Tim Musuka said...

I am glad that this obvious case of corrupt persons benefiting from their positions (Patel) and not following set down procedures (Mau) are punished.

They have been shown to be just as subject to the law as an ordinary man on the street. I think from that point of view most people woul be happy, although many may not support the current dictatorship

a.rogo said...

Anonymous,
your mind is full of jelousy and u can't see the facts...either u like it or otherwise ...the judiciary is there and it's independence and those two will go to prison...vinaka

Anonymous said...

all taliban connection, shameem, ag aiyarse. where is shameem elder sister, the kooga shaista. The Shameems are hiding under voreqe's sulu and are sucking his balls. The judiary is corrupt and biase

Anonymous said...

Mahen Patel is still yet to do his best deal ever - offer money to someone willing enough to take this illegal idiots out! Haha! And there are about 800,000+ people in Fiji more than willing to do it!

Hahah, Voreqe just did everyone a favour! If he thinks putting these two in will solve the problem, it is the beginning of the end for this regime!

Anonymous said...

where are u CJ?

With all these happenings in the judiciary, one wonders where the CJ is? One hears little about him since he took office in 2007. It is said he does nothing and is just a burden on the taxpayer. He has not been seen on the bench and the word around town is that he still has some very long outstanding judgements to deliver of cases heard long ago.

One hears of frequent overseas trips to attend conferences and recruit magistrates and judges?

Meanwhile, the judiciary keeps going to the dogs. It is heard on the coconut wireless that 3 magistrates and 1 judge have resigned to leave by the end of the month.

They are reported to be unhappy with the current set up - meaning blatant political interference in their day to day work. If they dont comply their arms are twisted and they are victimised.
Who would want to work in such an environment?

Anonymous said...

@manning... the hunter is soon to be the hunted!

Anonymous said...

if they can do it middle east then we can do it in Fiji. Come on people of Fiji lets get rid of the dogs. we want our freedom back.

Anonymous said...

@ Anon......CJ has found a new partner, probably from the RFMF, the least of his worries now is the judiciary, with the current trend of rear prodding by the RFMF, Gates must be inviting all his gay mates to Fiji,....FIJI, THE WAY THE GAY WORLD SHOULD BE!!!

Sa Rauta said...

The arguments on comments are unintelligent and doesn't have any logic.

Posting of profanity shows the mentality of the anti-Bainimarama camp.

Corruption in Fiji is slowly but surely being rooted out.

Another one in today's Fiji sun is the Agricultural Marketing authority. Overseas judges needed to be brought in because our previous judiciary was corrupt and could be bought.

Fiji is in a revolution - that's a revolution away from corruption, ethno-nationalism, methodist populace control, business monopoly control,prejudice against gays.

Anonymous said...

Agree with Sa Rauta's comments.

Anonymous said...

get gounder's aussie pr cancelled.

Winston Smith said...

Have advised border control and Julia Gillard.

Anonymous said...

Bula fellow Fiji bloggers:
I am astonished to what Frankie baby is letting his Gandu boys getting away with. The jails will soon be filled with all the Guajarati Indians. Motibhai family have been part of the Fiji since 1920’s and yet this is how you idiots pay back. All the Gujaraties should pack up leave with their money and let Fijian go back to the good old days and drink kava all day. Frank is no different than Gaddaffi , Mubarak, Saddam, Marcos, Hitler or Osama. Same person different uniform.
Vinake.
FBI/CIA
Thats - Fiji born Indian, currently in Australia

Anonymous said...

We white Fellas in Australia waiting for Daniel Gandu to arrive. We will him straight to Christmas Island. hey Daniel, we dont want you here. stay in Fiji with your Frankie Baby and his Gay friends.
AMF

Kutu said...

Sa rauta mada na ulukau tiko vosa va veitalia luveni kutu sebe

Anonymous said...

Kutu, need translation please. Fijian Google translation isn't ready yet.