From FICAC website15 April 2011 |
An Application for retrial and the presiding Judge to recuse him has been withdrawn from the Suva High Court this morning.
Tevita Peni Mau’s lawyer Devanesh Sharma sought the courts leave to withdraw the applications that he filed on Wednesday this week. He said that he was withdrawing in light of the sentence delivered yesterday by Justice Daniel Goundar.
Justice Goundar allowed the withdrawal and dismissed the applications.
Mau and Mahendra Motibhai Patel were both sentenced to 9 months and 12 months imprisonment respectively yesterday. They were found guilty on one count each of Abuse of Office. Mau was convicted for approving the purchase of an external Seiko clock for $75,000 from Prouds Fiji without following proper procedures and without the approval of the Post Fiji Board while Patel was convicted for allowing the purchase of the Seiko clock from Prouds, a company owned by him and for failure to disclose his interest and relationship with the company. At the time of the offence, Mau was the Managing Director while Patel was the Chairman of the Board.
On Thursday, Sharma and Hemendra Nagin had asked the court to consider releasing the men on bail pending an intention to file an appeal.
FICAC Prosecutor Madhawa Tennakoon objected to the application saying bail pending appeal can only be granted if an appeal was filed.
Judge Goundar refused the application stating that there is no appeal before the court and their application lacked justification for bail pending appeal. He added that he had only heard of their intension to file an appeal in the future.