As Governor of the Reserve Bank of Fiji from 2000 to April 2009, was SAVENACA NARUBE aware of Mahendra Chaudhry's secret $2million? Sadly, one derives no pleasure in holding Chaudhry to account, once an indefatigable champion of Indo-Fijian rights. He, however, exploited that record to get $2million from the Indian government. He had compounded his misery when he tried to brutally crush his opponents within the FLP. Two of them, the late ANAND SINGH (former FLP Attorney-General) and the economist DR GANESH CHAND (former FLP Cabinet Minister) joined forces with our Founding Editor-in-Chief to reveal the $2million. In the end, Russell Hunter and our Founding Editor-in-Chief took it upon themselves, paying a heavy price in 2008. To Anand Singh (25 February 2008: "They will be digging their graveyard over RH [Russell Hunter]. This is the story RH wanted to run today with documentary evidence [Chaudhry gave Sydney address to bankers. FIRCA officers told to take note of 49 Bryson Street]. Did somebody inside Fiji SUN grass him to Daaku Junior before the story came out this morning (your time). They picked him up before he could go for it."
Fijileaks: One of these days we will reveal how Singh was able to locate and obtain documents regarding who owned 49 Bryson St: Rajendra Pal Chaudhry
Anand Singh, 10 February 2008: "Victor, My eyes and ears are always open. I am sure there will be more ripples when the Haryana story is out. Pity Bijay [Bijai Prasad who later became one of two vice-presidents of FFP but was forced to resign after Fijileaks exposed his own criminal convictions which he had failed to declare] has res[i]gned. We needed him from within the Party to call upon Daaku to return the money held on trust to FLP. Once the story is out, we need to tackle him from both ends. If the funds were personal then he needs to declare the source and pay tax. If trust then ought to be returned to the correct party...U can rest assured that I d[o]n't say anything to anyone. Fiji is small place. Very soon I will have the wrath of Daaku visiting me. I d[o]n't want that. They will make an example of me. I just discuss what is in the public domain with my friends. I feel the disclosure in instalments will also keep the fire burning all the time. Good staretegy [strategy]...I have had a rough nite talking to Daaku's mates at a party. I have a very strong conviction that whatever we do h[a]s to be the correct thing. I think that Daaku's conversion of peoples' money simply has to be exposed. It belongs to the poor and the victims of the [2000] coup."
Chaudhry had become a Double-Digit Millionaire from the debris of George Speight's coup and racism. He had opened the Australian bank account on 8 August 1997, depositing a measley $A58.16, that
swelled to over $2million between 2000 and 2003.
"If the funds had been brought into the Fijian Inland Revenue at the time when they were paid by India into the accused's accounts, a time when they should have been; then the economy of this nation would have benefitted from having these funds in the current account and that benefit would have accrued to all Fijians. The only way to compensate the nation for the failure of the accused to comply with the law is to impose a large fine on him to bring money back into the revenue. Should he not pay that fine then he must serve a term of imprisonment in default. Counsel for the accused tells me that he would have brought the funds back into Fiji if the Reserve Bank had answered his letter requiring further and better particulars.This submission is disingenuous in that the accused's letter to the Bank was no more than a delay tactic – he had none-the-less been warned that he might be in breach."
Justice Paul Madigan, while convicting Chaudhry, 2 May 2014
"After the military coup in 2006, the applicant returned to the political arena as the Minister of Finance in the interim government of Fiji. The applicant says, what followed after his ministerial appointment, was a trial by media. The applicant says he later found out that a former editor of the Fiji Sun obtained his confidential tax details from FIRCA and released it to Victor Lal, a former Fiji journalist residing overseas.
Victor Lal published those details in anti-government websites."
Justice Goundar, Chaudhry v State, Fiji Law Report, July 2012
Fijileaks: We are astounded that UNITY Party leader SAVENACA NARUBE, as a former Reserve Bank of Fiji governor (2000-2009; in April 2009 Narube was removed from his position by the military and Sada Reddy replaced him), dropped his political guard to sign an MOU with FLP leader MAHENDRA CHAUDHRY who was found guilty of three counts: (1) Failure to surrender foreign currency, for had retained $A1.5million for his own use and benefit without the consent of the Governor of the Reserve Bank of Fiji (Narube), (2) Dealing in foreign currency otherwise than with an authorised dealer without permission and (3) Failure to collect debt contrary to Fiji's Exchange Control Act. Since his Fiji High Court conviction (upheld by the Fiji Court of Appeal), Chaudhry has continued to portray the currency conviction as politically motivated by the FFP government to prevent him (Bainimarama's willling Interim Foreign Minister because the Qarase government was so corrupt that it had to be removed for Fiji's sake) from contesting the 2014 and 2018 general elections. As we have pointed out previously, we had lodged a criminal complaint with the DPP against Mahendra Chaudhry and his late lawyer Anand Singh (who, in fact, had a crucial role in tracing Chaudhry's $2million from India) for perjuring in his affidavit to Justice Daniel Goundar that our Founding Editor-in-Chief had published his tax records in anti-Fiji government websites when the truth is we had published it in the Fiji Sun on 24 February 2008, leading to the abduction, detention, torture and deportation of Fiji's then, and now deceased publisher RUSSELL HUNTER out of Fiji. During the hearing, Justice Goundar had dropped one of the charges due to the statute of limitation. Justice Goundar: 'After 2007, the offence of making a false tax return under the Income Tax Act was time barred. So by the time the applicant was charged in July 2010, he could not be prosecuted for making a false tax return under the Income Tax Act.' On 30 May 2007, the Interim Bainimarama regime had changed the Limitation of Proceedings: ' 100.1—(1) Proceedings for an offence under this Act may be instituted within 3 years after the final determination of the amount of tax covered by the assessment.' The Reserve Bank of Fiji, under Narube, had failed to act upon our Founding Editor-in-Chief's 2007 submission. In an e-mail dated 10 August 2007, Fiji Sun publisher Russell Hunter had advised our Founding Editor-in-Chief to provide Chaudhry’s tax documents to the Reserve Bank of Fiji's Financial Intelligence Unit (FIU). Our Founding Editor-in-Chief duly obliged and submitted his "own" legal opinion (drafted by the late ANAND SINGH, the former deposed FLP Attorney-General under Chaudhry) to the RBF that Chaudhry might have breached various provisions of the Exchange Control Act and the Proceeds of Crime Act. Like FICAC, the Prime Minister’s Office, and Chaudhry himself, the RBF (under Savenaca Narube) neither replied nor acknowledged the letter or the tax documents. In any case, the former Reserve Bank of Fiji governor NARUBE has remained silent as a Mickey Mouse on Chaudhry's conviction. We also wonder if Narube ran the MOU past MICK BEDDOES (a new recruit to the UNITY Party) who had demanded Chaudhry's resignation in 2008
Justice Daniel Goundar, Chaudhry v State, Fiji Law Report, July 2012:
*The charges of making a false statement in an income tax return under the Penal Code (counts 9-12) are permanently stayed for an abuse of process arising from the same conduct being time barred under the Income Tax Act.
*The money laundering charges (counts 4-8) are quashed on the ground that the Court has no jurisdiction to try those charges.
*No abuse of process has been established in relation to the charges under the Exchange Control Act.
*The trial will proceed on counts 1-3 only:
The accused, Mahendra Pal Chaudhry ("M.P.C."), has been found guilty of and convicted after trial of three counts, as set out hereunder:
FIRST COUNT
Statement of Offence
FAILURE TO SURRENDER FOREIGN CURRENCY: Contrary to Section 4 of the Exchange Control Act, Cap 211 and section 1 of Part II of the Fifth Schedule of the Exchange Control Act, Cap 211.
Particulars of Offence
MAHENDRA PAL CHAUDHRY in between the 1st day of November 2000 and the 23rd day of July 2010, at Suva in the Central Division being a resident in Fiji entitled to sell foreign currency but not being an authorised dealer, however being required by law to offer it for sale to an authorised dealer, retained the sum of $1,500,000.00 ($1.5 million) Australian Dollars for his own use and benefit, without the consent of the Governor of the Reserve Bank of Fiji.
SECOND COUNT
Statement of Offence
DEALING IN FOREIGN CURRENCY OTHERWISE THAN WITH AN AUTHORISED DEALER WITHOUT PERMISSION: Contrary to Section 3 of the Exchange Control Act, Cap 211 and section 1 of Part II of the Fifth Schedule of the Exchange Control Act, Cap 211.
Particulars of Offence
MAHENDRA PAL CHAUDHRY in between the 1st day of November 2000 and the 23rd day of July 2010, at Suva in the Central Division being a resident in Fiji but not being an authorised dealer, did lend the sum of $1,500,000.00 ($1.5 million) Australian Dollars to persons otherwise than an authorised dealer, namely the Financial Institutions in Australia and New Zealand as listed in Annexure marked "A", without the permission of the Governor of the Reserve Bank of Fiji.
THIRD COUNT
Statement of Claim
FAILURE TO COLLECT DEBTS: Contrary to Section 26(1)(a) of the Exchange Control Act, Cap 211 and section 1 of Part II of the Fifth Schedule of the Exchange Control Act, Cap 211.
Particulars of Offence
MAHENDRA PAL CHAUDHRY in between the 1st day of November 2000 and 23rd day of July 2010, at Suva in the Central Division being a resident in Fiji having the right to receive a sum of $1,500,000.00 ($1.5 million) Australian Dollars from the Financial Institutions in Australia and New Zealand as listed in Annexure marked "A", caused the delay of payment of the said sum, in whole or in part, to himself by authorising the continual re-investment of the said sum together with interest acquired back into the said Financial Institutions without the consent of the Governor of the Reserve Bank of Fiji.
FIRST COUNT
Statement of Offence
FAILURE TO SURRENDER FOREIGN CURRENCY: Contrary to Section 4 of the Exchange Control Act, Cap 211 and section 1 of Part II of the Fifth Schedule of the Exchange Control Act, Cap 211.
Particulars of Offence
MAHENDRA PAL CHAUDHRY in between the 1st day of November 2000 and the 23rd day of July 2010, at Suva in the Central Division being a resident in Fiji entitled to sell foreign currency but not being an authorised dealer, however being required by law to offer it for sale to an authorised dealer, retained the sum of $1,500,000.00 ($1.5 million) Australian Dollars for his own use and benefit, without the consent of the Governor of the Reserve Bank of Fiji.
SECOND COUNT
Statement of Offence
DEALING IN FOREIGN CURRENCY OTHERWISE THAN WITH AN AUTHORISED DEALER WITHOUT PERMISSION: Contrary to Section 3 of the Exchange Control Act, Cap 211 and section 1 of Part II of the Fifth Schedule of the Exchange Control Act, Cap 211.
Particulars of Offence
MAHENDRA PAL CHAUDHRY in between the 1st day of November 2000 and the 23rd day of July 2010, at Suva in the Central Division being a resident in Fiji but not being an authorised dealer, did lend the sum of $1,500,000.00 ($1.5 million) Australian Dollars to persons otherwise than an authorised dealer, namely the Financial Institutions in Australia and New Zealand as listed in Annexure marked "A", without the permission of the Governor of the Reserve Bank of Fiji.
THIRD COUNT
Statement of Claim
FAILURE TO COLLECT DEBTS: Contrary to Section 26(1)(a) of the Exchange Control Act, Cap 211 and section 1 of Part II of the Fifth Schedule of the Exchange Control Act, Cap 211.
Particulars of Offence
MAHENDRA PAL CHAUDHRY in between the 1st day of November 2000 and 23rd day of July 2010, at Suva in the Central Division being a resident in Fiji having the right to receive a sum of $1,500,000.00 ($1.5 million) Australian Dollars from the Financial Institutions in Australia and New Zealand as listed in Annexure marked "A", caused the delay of payment of the said sum, in whole or in part, to himself by authorising the continual re-investment of the said sum together with interest acquired back into the said Financial Institutions without the consent of the Governor of the Reserve Bank of Fiji.
ANAND SINGH, 24 FEBRUARY 2008 to Fijileaks Editor-in-Chief:
"Why doesn't FS [Fiji Sun] run a headline tomorow saying that Daaku lied to Parliamnet [Parliament]. (a pharaphrased version of todays'). How can court try to suppress discussion on that issue? Shift the emphasis away from tax to the receipt of Indian money. Daaku's fixation is tax."
The Leaders of the Fiji Labour Party, Freedom Alliance and Unity Fiji announce the start
of the work towards uniting the Opposition parties before the 2022 general elections.
In response to the growing call from the people for a united front to fight the next
elections, we have entered into a Memorandum of Understanding which establishes
a coordinating centre to spearhead the work.
Our call for unity is about our willingness to reach agreement by consensus for the
greater good of the people and the nation. More importantly, it is about responding
to the call of the people to unite. It is their call, and the understanding of the party
leaders that has laid the foundation for unity, with an invitation to the leaders of the
other opposition parties to come together as one.
In the last 15 years, Fiji has been converted into a dictatorship who has taken abso-
lute control of Parliament through the appointment of a partisan Speaker and the
manipulation of its Standing Orders to deny the Opposition its rightful role.
Harassment, intimidation and unlawful arrests of Opposition leaders and govern-
ment critics is the modus operandi of this government. It has regularly shown that it
is incompetent, unjust, and unfair. We know that nepotism is rife and there are alle-
gations of endemic corruption.
The Fiji economy is on its knees, estimated to have declined by a cumulative 27% in
the last three years. The Fiji First government has created an unmanageable debt
crisis.
The rich are getting richer and the poor poorer. Nearly half of our people are living
in poverty. Natural resource sectors like sugar, other agricultural commodities, for-
estry, gold and fisheries have all been neglected.
Our way back to economic recovery will, therefore, be long and difficult. Fiji needs
capable and steady hands to steer us successfully through these challenging times.
We, the leaders of the three political parties, are responding to the call by the people
that it is time for a change. Fiji cannot allow the FF government to continue to govern
us, and in our view, they are not fit to lead.
In response to this urgent need for a change of government, the Leaders of the three
parties realize that our best option is to unite the Opposition. We fully recognize the
importance of unity amongst the Opposition parties. The benefits of a united front
are overwhelming and a sure recipe for victory.
We truly believe that the Opposition parties can and must come together in the na-
tional interest. A united front is the only way that can guarantee that there will be a
new government after the 2022 elections to restore peace, unity, freedoms and pros-
perity to our people.
It is an accepted norm that political parties may represent different ideologies and
philosophies. But they all must be centred on improving the living standards of our
people. Therefore, we truly believe that the Opposition parties can and must work
together in this hour of need.
We are confident that this initiative will motivate the other Opposition parties to
rally together for the sake of our children and grandchildren.
The coordinating centre will consult widely to help the Opposition parties design a
framework for unity that, we believe, will be acceptable to all parties. This framework
will form part of a Memorandum of Agreement we hope to put before them for their
consideration before the end of the year.
of the work towards uniting the Opposition parties before the 2022 general elections.
In response to the growing call from the people for a united front to fight the next
elections, we have entered into a Memorandum of Understanding which establishes
a coordinating centre to spearhead the work.
Our call for unity is about our willingness to reach agreement by consensus for the
greater good of the people and the nation. More importantly, it is about responding
to the call of the people to unite. It is their call, and the understanding of the party
leaders that has laid the foundation for unity, with an invitation to the leaders of the
other opposition parties to come together as one.
In the last 15 years, Fiji has been converted into a dictatorship who has taken abso-
lute control of Parliament through the appointment of a partisan Speaker and the
manipulation of its Standing Orders to deny the Opposition its rightful role.
Harassment, intimidation and unlawful arrests of Opposition leaders and govern-
ment critics is the modus operandi of this government. It has regularly shown that it
is incompetent, unjust, and unfair. We know that nepotism is rife and there are alle-
gations of endemic corruption.
The Fiji economy is on its knees, estimated to have declined by a cumulative 27% in
the last three years. The Fiji First government has created an unmanageable debt
crisis.
The rich are getting richer and the poor poorer. Nearly half of our people are living
in poverty. Natural resource sectors like sugar, other agricultural commodities, for-
estry, gold and fisheries have all been neglected.
Our way back to economic recovery will, therefore, be long and difficult. Fiji needs
capable and steady hands to steer us successfully through these challenging times.
We, the leaders of the three political parties, are responding to the call by the people
that it is time for a change. Fiji cannot allow the FF government to continue to govern
us, and in our view, they are not fit to lead.
In response to this urgent need for a change of government, the Leaders of the three
parties realize that our best option is to unite the Opposition. We fully recognize the
importance of unity amongst the Opposition parties. The benefits of a united front
are overwhelming and a sure recipe for victory.
We truly believe that the Opposition parties can and must come together in the na-
tional interest. A united front is the only way that can guarantee that there will be a
new government after the 2022 elections to restore peace, unity, freedoms and pros-
perity to our people.
It is an accepted norm that political parties may represent different ideologies and
philosophies. But they all must be centred on improving the living standards of our
people. Therefore, we truly believe that the Opposition parties can and must work
together in this hour of need.
We are confident that this initiative will motivate the other Opposition parties to
rally together for the sake of our children and grandchildren.
The coordinating centre will consult widely to help the Opposition parties design a
framework for unity that, we believe, will be acceptable to all parties. This framework
will form part of a Memorandum of Agreement we hope to put before them for their
consideration before the end of the year.
