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BALA CASE: Magistrate's reasons to acquit FFP Minister Praveen Bala should make warning lights flash RED for JUSTICE to the poor in Fiji; the regime's DDP Pryde to make decision whether to appeal Bala judgment

22/7/2016

17 Comments

 
In R. v. Evans (1963) 1 Q.B. 413 where a defendant had been convicted of  causing death by dangerous driving  it was held as stated in the head note to the case "that the test being objective the degree of negligence was irrelevant and if in fact the driver adopted a manner of driving which the jury thought dangerous to other road users in all the circumstances he was guilty, and it mattered not (although it was relevant to sentence) whether he was deliberately reckless, careless, momentarily inattentive or even doing his incompetent best". The learned Magistrate did not, in my view properly evaluate the evidence before him and draw the proper inferences from the established facts. The respondent drove without due care and attention and the Magistrate should have convicted him. The appeal is allowed. The Magistrate's order acquitting the respondent is set aside and the respondent is convicted of the offence of  Causing Death by Dangerous Driving  contrary to section 269(1) of the Penal Code." - Justice Kermode, Director of Public Prosecutions v Ali [1978] FJSC 23; Criminal Appeal 008 of 1978 (22 March 1978)

The Sri Lankan magistrate Rangajeeva Wimalasena
in Bala case picked out the 'plums and left the duff behind'

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POWER AND ARROGANCE: SMIRKY MINISTER AND HUMBLE HOUSEWIFE - Bala with his back to Aruna Wati at the Lautoka Magistrates Court

Fijileaks: Did Arun Wati's alleged lack of confidence result in her giving 'inconsistent evidence'? Or was it because it took DPP nearly three long years to bring Bala to court? 

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Magistrate: 'None of the witnesses saw Bala behind the wheel of the car'

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Is that a Doggy behind the wheels?

Fijileaks: It is quite likely that witnesses did not see Bala driving the car. That does not mean that the case should collapse on that basis. The magistrate ruled that none of the witnesses saw Bala behind the wheel of his car. Hello, Bala did confess to a Police Officer at the scene that he (Bala) was the driver of the car

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The TISI Sangam Connection: Pathologist Gounder and Bala 'buddies'?

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Fijileaks: Evidence from around the world reveal that some victims DIE and some SURVIVE after being involved in motor vehicle accidents

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The woman got caught underneath the wheels of the truck
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The woman managed to crawl out from beneath the wheels.

Magistrate claims the car did not suffer great damage. If so, why did Bala admit himself to the Lautoka Hospital after the accident?

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WHO KILLED PUNA CHAND?

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17 Comments
Cry for our beloved country
22/7/2016 10:54:16 am

Sad day. So how did Puna Chand die in 2013?

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jml
22/7/2016 11:41:35 am

.........and who was the driver of the vehicle who killed Puna Chand? A phantom?

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jml
22/7/2016 11:42:49 am

....and who was the driver of the vehicle that killed Puna? A phantom?

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T A Reddy
22/7/2016 11:50:12 am

"No One Killed Puna Chand"

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Rustam
22/7/2016 02:05:42 pm

“This case…is something that goes to the essence of a man’s conscience…” (Harper Lee –To Kill a Mockingbird, Ch11).

Is Justice Wimalasena even minutely… worthy of being addressed ‘your honour’, ‘your worship’, in bullshit legalese ? He is Justice Weasel - the Wise!

Sri Lankan media should be alerted to the acquired Fiji fame of one of their nationals abroad, in Fiji, where Sri Lankans generally are doing a darn good job ‘upward licking’.

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Pita
22/7/2016 06:45:11 pm

So what was Bala's side of the story? Did he give s sworn or unsworn statement to the Court? Was he cross examined? Was there an alibi?
On the same legal argument made by the Magistrate Mahen Chaudhry would of escaped conviction in his case of causing death by dangerous driving. I hope the Director of Punlic Prosecutions compares the two cases as they are extraordinarily similar but one got convicted and was sent to prison while the other was let off the hook

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Thinker
22/7/2016 09:03:12 pm

I wonder why Rosy Akbar went to meet Puna Chand's wife after the story was published on fijileaks?

Was dat da reason Mrs Puna Chand changed her statement from seeing Bala on drivers seat to not seeing whi was on drivers seat?!?!?

Dr Ponsami Goundar is a gud buddy n family friend if Shalendra Krishna as well.

DPP should not appeal n waste more money on this case.

Bala will b I'm government till this government is in office.

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Rt Sai
22/7/2016 09:14:45 pm

The outcome was predictable from the outset given the length of time it has taken the judiciary to deal with the case for superficial excuses. This one case supports and confirms the allegation of undue control of the judiciary by the government. Sadly, a lot of people in Fiji choose to ignore such blatant abuse of authority and nepotism by the government, blinded by personal interests and positive developments in other areas.

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maropito
22/7/2016 10:15:29 pm

The killer is on the loose soon will strike again,please take precaution

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Alibaba
23/7/2016 12:03:23 am

This is the height of corruption. A truly sad day for justice in Fiji. In the FT report today the judge on the case said that even though Parveen Bala admitted to driving the vehicle their is no evidence to say that he did. WOW so in Fiji self admittance is no longer admissible in court. The judge could not even confirm who owned the vehicle at the time. It costs $7 to get that infor from LTA.
If nothing else the dumb poor need to realize that this is the state of justice in Fiji. If this does not wake them up nothing will.

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Who controls Fiji link
23/7/2016 01:48:46 am

If you are I-Taukei or Hindu, be warned. Fiji is in control of Muslims, Shri-Lankans, Chinese, Indonesians, Gujeratis and South Indians. If you are a civil servant, be ready to pack your bags, if you are teaching at schools or university, good bye to your contracts. If you go to hospitals, ask your family to make funeral arrangements. If you are on road, never know a dark ghost in the form of Anna black i.e. Minister of Transport would mow you down and get away. There is no hope for these 2groups of people in this country.

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Davendra Bal Ram
23/7/2016 06:33:17 am

No comments no one see on the real sin whethet Mr. Bala hitten to Puna Chand or not but the public can say what ever it not make any sence.

I dont know y people is after Mr.Bala....come on public open your eyes .... for justic no case to answer.

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Tularam
23/7/2016 08:34:41 pm

Victor
Can u pls publish Mahendra pal chaudary's case when he killed someone and also walked free.

Vinaka

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maropito
23/7/2016 11:45:32 pm

TulaRam Ji, Mahendra pal chaudary killed one pedestrian near USP, I think in 1970's and he was jailed and spent some time in nabaro jail. Victor was a baby at that time he will not remember. There was no Fiji Sun at that time to publish the story. Victor or TulaRam has now to puller at Fiji Times Archives for Mahendra pal chaudary's killing of pedestrian.

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MAKE fjd ENTER politics OR coup
24/7/2016 03:33:35 am

Everyone knows Bala and goons threatened the witnesses (mostly bought the witnesses) and the family (threatened).

There is clearly no rule/law for common people, those sitting in power are common criminals and now murderers.

These pigs need to be shot in public, but hey who would do this? Those entrusted with power and control are PIGS also.

These A**h**es will F*** Fiji till there;s nothing left.

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Welcome Home
24/7/2016 11:35:37 am

Many of us recall the Mahendra Pal Chaudhy case as if it were yesterday. What a sorry situation it was when cowardice and failure of conscience were seen publicly to go hand in hand. Hiding in a bathroom however is rather different to permitting oneself be photographed putside a courtroom with a smirking expression right beside the grieving widow of a dead man. What a disgusting spectacle which cannot be erased. Ever.

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Bahuki
16/9/2016 01:06:07 am

Its seems that Bala would do anything to avoid facing justice for a crime he refuses to admit. Even if it involves threatening someone to shut up, desperation is very clear.

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