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$31,593.41 payout to Mahendra Chaudhry: Two FRCA employees case dismissed; Police and Nalin Patel should be forced to explain roles!

31/5/2015

8 Comments

 
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CHARGES of abuse of office against two former Fiji Revenue and Customs Authority officers were dismissed by the Suva Magistrates Court yesterday (29 May 2015).

This was after the Office of the DPP had filed a nolle prosequi signed by the DPP, Christopher Pryde when the matter was called in court. It was alleged that former general manager taxation, Vimal Krishna, on July 29, 2009, without documentary support, had directed Agesh Prakash to allow a loss of $808,436.09 which resulted in the payout of $31,593.41 to the former Prime Minister Mahendra Chaudhry.

Prakash, who was head of amendments and correspondence unit, on July 29, 2009, allegedly made unauthorised amendments to the tax return of Mahendra Chaudhry allowing loss which resulted in payout of $31,593.41. Such direction was an alleged abuse of authority thus prejudicing the rights of the Government of Fiji.

The duo’s lawyer Devanesh Sharma had earlier submitted to the ODPProsecution (Office of Director of Public Prosecutions) addressing them on some key elements. Mr Sharma, in his submission, said that it could not be disputed Krishna as general manager taxation had the power delegated to him to amend any tax assessment; that all supporting documents already existed in the tax file of Mahendra Chaudhry; that Krishna properly acted in accordance with FRCA’s Standard Operating Procedure.

Mr Sharma submitted that Krishna as general manager taxation was authorised to deal with high profile taxpayers; that FRCA until now did not challenge the tax assessment amended by Krishna. He also submitted that if FRCA wanted, it had the power to amend any tax assessment at any time but did not do this therefore it meant that the tax assessment amended by Krishna was correct.

Magistrate Shageeth Somaratne dismissed the case setting the two free of the allegations. Source: Fiji Sun

Fijileaks:
 
If Vimal Krishna had the delegation, as part of his authority, why did this case (at taxpayers expense) go to trial in the first place -   to have a statutory process clarified, i.e. did he have delegated powers or not.  Krishna is working as in-house tax consultant with RPatel Lawyers. He joined the company before the case. Sharma is a partner in RPatel Lawyers.

Meanwhile, how the hell could Mahendra Chaudhry make a loss of $800,000 on overseas investments? To do that Chauhdry would have to have more stashed away than Lal and Hunter discovered - much more. It doesn't seem possible.

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8 Comments
Chun Mun
31/5/2015 03:30:54 pm

How did Chaudhary incur a loss of such magnitude ?

Reply
Good Question
1/6/2015 01:48:23 am

A very legitimate question which Nalin Patel and Chaudhary MUST answer to the People of Fiji. We can now all see just how corrupt this man Patel is. The People of Fiji was short-changed in Taxes, no doubt.

There is the other accountant aunty Banu who also brought such disrepute to the profession.

Maybe the falsely glorified PolCom. should now investigate.

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Chiku
31/5/2015 03:43:44 pm

" Last but not least VKB and AP fully complied with FRCA Code of Conduct and Displinary Regulations" and they get hauled before a court.
Many who have blatantly disregarded the Code of Conduct and Disciplinary regulations pertaining to their post and in compliance with the laws of the land have never been hauled before a court.
This is the state of the rule of law in the " new " and " better " Fiji fashioned by Bainimarama and Khaiyum.
Wow!

Reply
Chun Mun
31/5/2015 11:23:37 pm

If Chaudhary's losses arose from overseas investments, then surely they could only be offset only against his overseas income and any leftover losses could be carried forward to future years.

As Chaudhary is a public figure and head of a political party and a past PM, maybe he should provide details to the public.

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Bahuki
31/5/2015 11:41:31 pm

And Chaudhary's perks comes back to haunt him again

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Johnny
1/6/2015 12:19:05 am

Clearly these two indo-Fijians were made scapegoats in this racists organisation of FRCA. FRCA has in the past discriminated against indo-Fijians and anyone that did progress were framed and removed. Vimal Krishna was one such indidual who was destined for greatness but was framed so that Jo Nata can be given the posts. The courts have at last given justice to Krishna. Racism rules in organisations like FRCA and LTA but god has its own way of protecting the innocent.

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Fiji First party
1/6/2015 01:28:14 am

Chaudhary the conniving, the fiddler of funds raised in the name of the refugees, thought he would get away with it, by lying to the refugees, lying to the Parliament (2005) and lying to the People of Fiji.

The fact remains that the refugees did not receive even a grain of rice or dhal from this despicable man.

When the nets were sure to close in on Chaudhary, he chose to become the ‘Minister of Finance’ with the treasonous lot of Bai/Kai – and in process compromising every single and sacred principle of democratic and constitutional rule.

Chaudhary far from being the usual victim now donned the attire of the ultimate oppressor.

With unscrupulous accountants like Nalin Patel and being the ‘commander in chief’ of Fiji’s Treasury –it was none Chaudhary himself who ‘cooked’ the colossal $F800K loss in IRD returns and authorized ‘his’ minions in the FRCA to amend accordingly.

The case against Vimal Krishna and Agesh Prahash –always was but a farce. Who could touch the all-mighty Chaudhary then?

Only one man! - VICTOR LAL - a man of great conscience and compassion. Fourteen years later, Victor redeemed the world of the refugees, with his painstaking and meticulous research (and award winning investigative journalism), Victor Lal revealed to the world, Chaudhary’s Australian stash.

Chaudhary has since been a has-been – and presently a common convicted criminal.

Reply
Something is Amiss
1/6/2015 03:11:56 am

Whilst Vimal Krishna got away i still wonder about the whole process leading to acquittal, some players including lawyers seem close to the regime.

In any instance how does one explain Vimal Krishna and Arvind Dutt unexplained wealth, their properties, flashy cars and businesses.

At least Te Banuve and another Indian now a USP Accounting Lecturer were honest, sacrificed their well earned positions at FRCA at behest of Chaudhary and Khaiyum in post coup Fiji.

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