#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: Shameem and Goundar hatched outcome of Kunatuba case

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Wednesday, April 18, 2012

Shameem and Goundar hatched outcome of Kunatuba case

Nazhat Shameem
Revealed - another case that will come back to haunt the corrupt former high court judge Nazhat Shameem and her lapdog, Fiji's hanging judge Daniel Goundar.

Daniel Goundar
In State v Kunatuba, Shameem was the presiding judge and Goundar the prosecutor. 
 
And yet both were heard discussing openly the details of the pending Court of Appeal case at a workshop (March 16, 2010) two months before it was called, with Shameem coaching then DPP Aca Rayawa and cautioning him with the words: I won’t be there to convict Kunatuba.

 
Goundar – then a sitting judge and an appellate judge – also participated in the workshop and his words were: And I won’t be there to prosecute Kunatuba.

 
The workshop discussed at length how Rayawa, who the regime later fired, would respond to the appeal and what he would use. 


Shameem gave him all her thoughts of the trial and why she had Kunatuba convicted by tailoring her summing up.
 
The Appeal Court got wind of the nuances of Shameem and Goundar, hence the reference to them only by title. (see 5.0 below)

 
Kunatuba was guilty (the corrupt regime re-employed him in the public service in a senior position reporting to Frank Bainimarama under the Prison's Yellow Ribbon Campaign!) but was it right for the judge who presided over the case in the High Court to openly discuss it with DPP prosecutors and Goundar? 

 
Do judges who have retired or as in this case - have been sacked - openly decide how and why they presided over a particular case? Is this not a case of perverting the course of justice?

 
The question that must be asked of Goundar is: how could he as a sitting judge attend a workshop at the DPP’s office and comment on the Kunatuba appeal case, which was before Court? Is this ethical conduct?

 
And isn't the Kunatuba case the one that helped get Goundar appointed to the High Court, compliments of Shameem?

 
Furthermore, what will Tony Gates do about this? Will he pull Goundar or let this one also go as he did the Bano conflict of interest case?

 
And if Shameem and Goundar can talk so freely at a workshop about who presided and will not now preside and who prosecuted and will now not be there to prosecute the appeal, what guarantee is there they didn’t discuss the matter when it was being prosecuted in the High Court? 

 
But most importantly, if they can comment so freely about someone who is close to the regime, what are they likely to hatch about regime opponents?


The office of the DPP is listed as clients on the website for Nazhat Shameem's law firm. The picture above with Daniel Goundar and Anthony Gates (left and middle) is the main pic on her client's page. pic Law Fiji



Kunatuba v State [2010] FJCA 17; AAU0067.2006 (5 May 2010)

IN THE COURT OF APPEAL,
FIJI ISLANDS
AT SUVA

Criminal Appeal AAU 0067 of 2006

BETWEEN

PENIASI KUNATUBA
APPELLANT

AND:

THE STATE
RESPONDENT


Coram: Byrne, AP
Madigan, JA
Fernando, JA

Counsel: I. Fa for the Appellant
A. Rayawa and Ms S. Puamau for the Respondent

Dates of Hearing: 23rd, 24th March 2010
Date of Judgment: 5th May 2010



JUDGMENT OF THE COURT

INTRODUCTION

[1.0] Between the 25th of September and 14th of November 2006, the appellant stood trial in the High Court at Suva on two counts of abuse of office pursuant to Section 111 of the former Penal Code.

[2.0] Count 1 alleged that the appellant between the 6th of July 2000 and the 13th of August 2001 at Suva, being employed as Permanent Secretary for Agriculture, Fisheries and Forests abused his office by dishonestly implementing an Affirmative Action Farming Assistance Scheme without authority for the purpose of gain for himself and others which allowed payments to Suncourt Hardware, Morris Hedstrom, Asco Motors, Repina Wholesalers and R.C.Manubhai and Company, thereby prejudicing the rights of the Government of Fiji.

[3.0] Count 2 alleged that between the 6th of July 2000 and the 31st of December 2001 at Suva in abuse of his office he did an arbitrary act, namely dishonestly, deliberately and persistently breached the rules and procedures regarding the expenditure of public funds under the Finance Act and for the purpose of gain allowed payment to the same companies.

[4.0] The Penal Code defined the offence of abuse of office in the following words:

"Any person who, being employed in the public service, does or directs to be done, in abuse of the authority of his office, any arbitrary act prejudicial to the rights of another, is guilty of a misdemeanour".

[5.0] The trial was conducted before the then Senior Puisne Judge of the High Court. The Prosecutor was the then Assistant Director of Public Prosecutions who is now the Senior Puisne Judge of the High Court. Counsel for the Accused, the present appellant, was an experienced lawyer in Fiji who in 2008 received an award from the Fiji Law Society for being the best lawyer in Fiji for 2007

24 comments:

  1. Only goes to confirm Nigel Dodd's report that there is no rule of law in Fiji because the judges are highly corrupt. Integrity of the courts is indeed lost.

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  2. This is how our justice system operates - outside court decisions, a decision in 2001 on the constitution while another position in 2007, comments/decisions on court cases shared during workshops and even parties/dinners/cocktails, by judges, etc.etc.

    Questionable ways of appointments into the judicial service and questionable ways of removal of judicial officers.

    These are happening before our very own eyes despite the false assurances of the independence of our judiciary.

    Questionable decisions on major cases like the Suvavou Land Claim, that was heard in Lautoka, the early release from prison of certain personnels, the imprison also of certain individuals on petty issues and on weak evidences, and many more.

    No wonder the country has had over four DPPs in the last four years some of us have lost count.. There is something very very wrong. Magistrates recruited from Shri Lanka have almost all come and gone, some have even made allegations on the internal situations within the judicial system, who do we have to believe when performance issues of judicial officers are highlighted as causes of dismissal?.
    When the regime cannot even adhere to the 2009 court ruling on the constitution, how does the Fiji judiciary see itself ?
    We do not deserve a system that makes a mockery of justice in this country at any given time of our life, as it degrades our citizenry status.
    Please give us a judicial system that quarantees our safety, rights and freedom.

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  3. Big deal. So what if she said she won't be there to convict and he won't be there to prosecute? Isn't it telling Rayawa to go and do your job?

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  4. peni kunatuba is chairman for pafco .
    he works in prison service dept too.
    so all bonded with frank regime.
    naz/daniel gandu should be hanged for treason with they kandu bosses ag /gates.

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  5. boy oh boy - the cracks are really appearing in the woodworks of the judiciary now. shameem and goundar eh - not unexpected at all though. shameem wrote the mac patel sentence as labasia boy goundar's english is kinda chiloish so to speak.
    is kunatuba going to take this matter up with the police and the supreme court?
    is goundar going to be disciplined?
    is shameem going to be reported to the chief registrar?
    shame shame shame

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  6. Smells of a kangaroo court system.

    What can we expect from under an illegal government and a dictatorship where processes and systems are up to the whims of those in control.

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  7. The whole justice system has been rotten to the core for many many years.

    Nothing new here.

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  8. No comments on the article - but related point top lawyers from Fiji equate to some backyard operators in NZ & Australia at best - they would not survive there; many tried & failed & returned to coup coup land.

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  9. And so the circus begins. Wait and see them falling on their own swords hahahaha.

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  10. Bainimarama launching Pure Mahogany Fiji,recently, said "we must play by the rules.."

    Really!
    That is so funny!
    This idiot, doesn't play by the rules and is lecturing us to "play by the rules".

    Nazhat Shameem is another idiot too.
    Nazhat Shameem talking to Businesses last year said they should run their businesses "ethically". ( at the Ministry of Trade worshop).

    Wow!

    Who writes the goons speeches?

    Fiji Judiciary is corrupt and again caught with its pants down.

    -Valataka na Dina.

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  11. Vinaka , valataka na dina.I had just wanted to comment on the words of Voceke, when you mentioned it. Does Voceke have a short memory? He's a real idiot, this Voceke. Now they want to talk about, "Following the law", "Doing the right thing", etc, etc, He should look at all his clowns and what they are doing, in the government, it's a joke, in the military,it's worse, bibutu ga bibutu. None is following the law. After all the crimes they are commiting, they expect us to follow the rule, My Gosh, 'Au kurabui ka galu, kau sa qoroqoro ga...' Rihgt thing tiko vei iko!!

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  12. Goundar has moved his family to Australia. Either he will join them or he will commute for a time then opt out. Either way he should not be allowed into Australia: let him and his kin stay in Fiji and be accountable for their treasonous crimes.

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  13. THIS IS THE MOST CORRUPTED ILLEGAL GOVERNMENT IN THE HISTORY OF FIJI!!

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  14. This is a Judiciary whose own Chief Justice lies under oath.

    Dishonest and corrupt would be an understatement in describing this Judiciary.

    http://www.nzherald.co.nz/international-politics/news/article.cfm?c_id=1503226&objectid=10791058

    "Gates' reputation was severely tarnished - overseas-based judges on Fiji's Court of Appeal found he told guests at a cocktail party that he would "put away" a prominent chief, Ratu Takiveikata, on criminal charges relating to the coup. The three New Zealand and Australian judges who ordered a retrial found Gates lied under oath when he denied in court that he had made the statement."

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  15. When things get too hot, the vutulaki Goundar will flee to Australia. The Shamimi sisters are also set to flee, so as Aiyarse. Mark my words.

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  16. Worse thing is that Shameem's law firm is still making money from the taxpayers via the DPP etc

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  17. Dina says...
    Naz Shameem is the most corrupt and deceiving women in Fiji.

    Can we vote for her in that context.

    Voreqe can your illegal govt, give her an honour on Prophet Mohammed's day...." Fiji's most deceiving and corrupt woman"

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  18. Gates should saw gounda the door and go do more 'judge-shopping' retail therapy in Colombo and get his backside massaged there as well whilst he is at it.

    The hole Judiciary will be more lubricated!

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  19. National injustice is the surest road to national downfall.

    Of those whom God is slow to punish, there is no debt with so much prejudice put off as that of justice.

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  20. Justice Gates should have resigned following the Qaranivalu case. What a cheap remark to go and share court matters at a cocktail?. He doesn't deserve to be in this country, let alone be in the judicial service.

    The judiciary should have also sacked him, but neither of these happened.

    That's the Fiji Jidiciary, the way the world should not be!
    The rot starts right from the .......

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  21. I Goundar bails things are close to imploding despite the propaganda. Unlessof course he has decided to 'go straight'. Goundar should know that treason is treason.

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  22. Rayawa up in arms on face book wit references to his name being mentioned. Don't want the public to know what they discuss out of court. Comment from his wife to stop reading the blogs anyway cause he will only get a headache.

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  23. Ha! Ha!
    When the Madame conducts her workshops, she always mentions being easily influenced by the chiefs as her example. I have never known my chiefs to do that. Seems she was projecting herself to her 'parable' subjects.

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