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Dr Sahu Khan: He was allowed to act as barrister in New Zealand after arguing that harsh punishments imposed for professional misconduct by the Independent Legal Services Commissioner was politically motivated

27/4/2016

6 Comments

 

In sentencing Khan, the then Commissioner John Connors had labelled the 74 year-old Ba lawyer as a "disgrace' and 'reprehensible'; On 4 May 2011, he was prohibited from seeking a practising certificate for 10 years,  was struck off the Roll in Fiji and ordered to pay $120,000 in relation to a deed of guarantee which was under consideration during the complaint. In addition Khan was to indemnify the complainant in respect of any monies payable by her. Finally he was to surrender his passport to the Commission to secure payment in respect of these two orders. But the NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL, in allowing Khan to act as a barrister in New Zealand, ruled: "We have looked carefully at the [ILSC] findings against Dr Khan. Dr Khan gave evidence before us which was at variance with some of those findings. Some findings appear illogical or in contradiction to the evidence, as recorded in the transcript of the proceedings. In our view the findings do not pose sufficient risk to outweigh the confidence reposed in Dr Khan by his referees and reflected in his legal career up to 2011."


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COUPSPEAK?: What Sahu Khan had told the Fiji Law Society gathering in 2007 on Native Lands in Fiji

A copy of the paper presented to the Fiji Law Society by Sahu Khan clearly stated his belief that Fijians should not be deemed to own 85 per cent to 90 per cent of the lands in Fiji, which have been classified as native land.

Khan argued in his paper that Clause 4 of the Deed of Cession provided: “That the absolute proprietorship of all lands not shown to be alienated so as to have become bona fide property of Europeans or other foreigners or not in the actual use or occupation of some chief or tribe or not actually required for the probably future support and maintenance of some chief or tribe shall be and hereby declared to be vested in Her Majesty, her heirs and successors.”

Khan argued that the only land which was not vested in the Crown are:

* lands as at 10th October 1874 not alienated to the Europeans or other foreigners;
* lands which were as at 10th October, 1874, not in the actual use or occupation of some chiefs or tribe; and
* lands actually required for the probable support and maintenance of some chiefs or tribe.

Khan’s argument went on to say that actual use or occupation must mean those lands which literally occupied or used such as villages and house sites and the small farms or teitei.

He argued that such lands included Nailaga village or Votua village in Ba. But lands in Maururu, Veisaru or Koronubu, which are many kilometres away from the lands which were actually used or occupied are not included in this, saying that all lands that are bare and unoccupied could not be included in the exemption provision.

Khan then further stated that it was important that a determination is made on which lands in Fiji came within the exemptions referred to in Clause 4 of the Deed of Cession before one could even think of determining who shall fall or qualify for the ownership of lands in Fiji.

Khan also slammed the Qoliqoli Bill pushed through by the deposed SDL government, saying that the Bill was discriminatory against foreigners and only favoured Fijians.

Fijileaks: When did Khan fall out of favour with the coupsters who had seized power in December 2006?


6 Comments
Chiku
27/4/2016 11:57:36 pm

Removing the democratically elected PM Qarase ( who in my view was a rubbish PM) under the pretext of a " clean up " was politically motivated.it was a power grab by the coupists. Demonising Patricia Imrana Jalal and Ratu Sai was politically motivated. It was meant to send a message to all the opponents of the coupists that they'd be hounded by the usurpers and even forced to flee from the country ( the latest addition to that number is Professor Wadan Narsey). I could cite many more " politically motivated " decisions and actions by the coupists but it would really be a case of stating the obvious. I therefore can allow that Dr Sahu Khan's case was also politically motivated. But Dr Sahu Khan has always been a smooth and slimy character who always aligned himself with the mob in power. If my memory serves me correctly he did the same after the Bainimarama coup. It therefore came as something of a surprise to see the Bainimarama gang go after him. I am still at a loss to understand why that happened.

Reply
Ed
28/4/2016 02:17:07 am

The committee of peers in NZ found the Fijian judges to be illogical and contradicting evidence. What a sad commentary to those who sat on Sahu Khan's fate. These people do not deserve to sit on benches. How many more decisions they have made which are illogical and contradicting evidence. I can only count Rajen Chaudhry, Mac Patel, Lai Qarase, Keni Dakuidreketi, Peni Mau. Others may want to fill in. It is sadder still that all these things have happened under the eyes of CJ. Anthony Gates, a man who we all respected, and still want to respect.

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Dekho
28/4/2016 09:20:16 am

Why do you " still want to respect" Anthony Gates? The man compromised his personal and professional integrity to become a legal prop for the Bainimarama dictatorship in Fiji. The man has forfeited his right to be respected.

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Gates-Gate
28/4/2016 07:56:39 pm

Gates is a fake. The judge who once ruled 'no man or his monkey can abrogate the Peoples 1997 Constitution is a sold-out silly slave of the man (Khaiyum) and his monkey (Baini) as they did exactly what Gates said they can't do.

Gates is a good waste of the judicial space.

Pita
28/4/2016 09:26:01 am

I've been Talking too much on this site and hVe made a conscious decision to tone my comments down. I know the reason for his hounding and it's to do with trust accounts. So let's leave it at that. All I want to add is that with one or two exceptions such as WAdan Narsey, all those named by Ed as possible victims of a witch hunt thoroughly deserve what they got

Reply
Ed
28/4/2016 09:44:46 pm

So why did Rajen Chaudhry deserve to be deregistered when Khaiyum blackmailed the complainant to lodge false claim? Pita seems to be an apologist for a regime which has destroyed the integrity of the judiciary in Fiji. Or he is so drunk with hatred that he cant see right from wrong.

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