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HARYANAGATE: Chaudhry fined $2million and told to pay up by 30 June or go to prison for 15 months; now ineligible to contest general election 

2/5/2014

13 Comments

 

Character witness Father Barr's statement held as contempt of court
Chaudhry family celebrate: "Not a bad Friday after all; he is not in prison"
Rajendra Chaudhry: "Chaudhry sentence: Huge fine $2 million and order for repatriation. Size of fine demonstrates vindictiveness especially if the funds are to be repatriated and deposited with a bank in Fiji.Sentencing comments by Madigan re Chaudhry lying in Parliament etc - all of which were unfounded - demonstrate the incompetence of Madigan.He is a disgrace to the Judiciary. He must be sacked."

Former Prime Minister and Fiji Labour Party Leader, Mahendra Chaudhry has been fined 2 million Fijian dollars by High Court Judge Justice Paul Madigan. Chaudhry has to pay the fine by the 30th of June this year.
Justice Madigan has ruled that failure to pay the fine will result in Chaudhry serving 15 months in prison. 
He has to serve a minimum term of 12 months in jail if the fine is not paid. Chaudhry’s conviction has also been recorded which means that he is ineligible to contest the 2014 general election. Mahendra Chaudhry has to comply with the Exchange Control Act by the 31st of July this year which means that he needs to repatriate the 1.5 million Australian dollars held in Australia.  Failure to do so will make him liable to prosecution for continuing breach of the Exchange Control Act. The prohibition for Chaudhry to access the 1.5 million Australian dollars has also been lifted. Chaudhry cannot travel outside Fiji until he complies with the court’s order. While passing his sentence and highlighting the mitigation in the case, Justice Madigan highlighted that character witness, Father Kevin Barr launched into what can only be described as a political anti-government speech in court. The judge said Father Barr cast disparaging remarks on the nature of the proceedings against Chaudhry. Justice Madigan said in the light of this contempt of court, he gives no weight whatsoever to Father Barr’s testimonial. Judge Madigan said Chaudhry’s counsel must be seen as a party to this contempt of court as Chaudhry’s lawyer, Matthew Hutchings knew this was coming because he had a typed copy of Father Barr’s testimonial. Justice Madigan also highlighted that the issue of these funds held in Australia by Chaudhry was raised in parliament on the 2nd of December 2005 by the then Prime Minister Laisenia Qarase. The judge said the public record of proceedings which were before him reveals that Chaudhry vehemently denied the existence of the money. Justice Madigan said such deceit in hiding the existence of the money for so long from the authorities can only be an aggravating factor in this sentence. He said Chaudhry has not shown a shred of remorse for his breaches and appears to have been in a state of denial since 2008. Source: Fijivillage News
Picture
Picture
Mahendra Chaudhry (above) is hugged by his granddaughter, Soniya Sharma following his sentencing at the High Court in Suva.Photo:Kunal Keshneel; and below with his wife in celebratory mood
13 Comments
Referee for Chaudhry has no Credibility
2/5/2014 02:02:56 am

Former Education Minister, Taufa Vakatale in giving character reference to Chaudhry, said in 2008 she was appointed to investigate allegations against Chaudhry. She said the enquiry found that he was not guilty of breach of the Exchange Control Act.

On March 10, 2008 Opposition Leader Mick Beddoes in the media raised concerns on impartiality and credibility of the team carrying out an inquiry into Mahendra Chaudhry's tax files.

He questions how Taufa Vakatale could be considered transparent when she had been appointed by Chaudhry to be a member of the Public Accounts Committee.

Reply
Conflict of Interest
2/5/2014 02:05:52 am

Vakatale said the inquiry report was issued after discussions with Reserve Bank of Fiji and Fiji Revenue Customs Authority. However she failed to say it was not an independent enquiry that could take place while Chaudhry continued to be in-charge.

On 08/03/2008 Village news reported Permanent Secretary to the Prime Minister's Office, Parmesh Chand said Chaudhry applied for 5 working days leave adding that this leave had nothing to do with an inquiry into tax allegations against Chaudhry.

Reply
Harbhajan Lal Ji
2/5/2014 02:07:51 am

Vakatale said Chaudhry had agreed to provide all the documents. But the Harbhajan Lal letter that was revealed to the people of Fiji by The Fiji Sun on February 24, 2008 that was presenting to FRCA, and to the enquiry whose content was materially false [re his enquiring the details of the funds etc] hence a false document to FIRCA and to the enquiry.

Chaudhry had already told FRCA through his accountants that money he was holding was on trust for the poor Indians of Fiji, thus these were no gift for no personal use for himself.

Reply
Makes me Angry
2/5/2014 02:10:26 am

Vakatale’s enquiry had failed to receive the “Delhi Study Group Letter” which states, “This is to confirm that funds were collected in New Delhi and other parts of India, including NRI's (Non-Resident Indians) to assist Hon'ble Mahendra Pal Chaudhry, Former Prime Minister of Fiji in 2000-2002.”

So how did Vakatale team find Chaudhry not guilty?

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Contempt of Court
2/5/2014 02:15:17 am

The March 10, 2008 Vakatale Team report established that Mr Chaudhry had $2million in Australia and that the money came from Haryana, India and based its conclusion on the contents of a letter, and the "figure" denied by Chaudhry’s own lawyer during his mitigation.

Matthew Hutchings confirmed that after the 2000 coup, the Indian Counselor provided Chaudhry with half a million dollars to settle in Australia

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Parasite on the poor
2/5/2014 04:42:08 am

Chaudhry is a real blood sucker - taking out millions of dollars from a poor, starving country like India. Everyone donates money to india. Mahen takes money out of India. That's what a 'genius' he is!

Reply
Fat Stomach
3/5/2014 06:57:39 pm

Parasite on Poor
How can a country which is about to surpass China in economic progress, sends satellites to space and has nuclear weapons be poor and starving????
Last I heard millions defecate on streets and have no toilets.
Must be a cursed country!!

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Vakatale No Show
2/5/2014 05:20:36 am

No wonder why Justice Madigan said Vakatale's refree was of no use as his court has already found him guilty, therefore Vakatale's enquiry was deemed irrelevant or bias rather as Chaudhry was the hand that was feeding her stomach in many appointments she found herself engaged in.!!!!

Reply
lawrance
2/5/2014 02:54:08 pm

It does not matter what Rajend or mahen's lawyer or character witnesses say.

The court has the final say and found mahen chor quilty.

Mahen chor is now a convict. He has to pay a fine of $2m.

He will use part of the money for the poor farmers to pay the fine so that he does not go to jail.

Convict Mahen chor even lied abot the value of his house. Its only $250k. I am sure there are many people who would pay more than twice that value.

As for Fr Kevin Barr, his true colours of being involved in politics has now become clearer. He crossed the line. He made himself a goon of convict mahen chor. He said he considers convict mahen a friend. Fr barr has lost all credibility and needs to repent.

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Tomasi
2/5/2014 04:27:26 pm

The sentence is fair- if MCP was given money from his Indian friends to settle in Australia but did not settle in Australia, choosing to remain in Fiji, it is Fiji that should be benefiting from the taxes he would have paid on the deposited sums instead of Australia. The real sting in the tail is that he cannot go for elections. This gives Bainimarama a clear run; now only Sodelpa to worry about

Reply
rajend naidu link
2/5/2014 06:29:21 pm

I would like to know what exactly did Father Kevin Barr say that can be regarded as contempt of court.
I cannot prima facie accept Judge Madigan's statement that Fr Barr simply made a "political anti-government speech".
Some say Judge Madigan is a military regime lackey. Should we just accept that ?

Reply
Put him in
4/5/2014 04:52:22 pm

Thank you Victor for the expose. Multiracialism was the foundation of Labour destroyed by Mahen Chaudhry for his personal and his family's political and pecuniary gain. First he turned FLP into Indian party, than into Chaudhry family party controlled by him and relatives like in-law Sachida and son Rajen, plus a few cronies. We all know how party name was used to enrich the family to the tune of millions in the name of poor farmers, thanks to Victor. Chaudhry's self-serving style of leadership has been really destructive. Pity he wasn't jailed.

Reply
scoundrels in politics link
5/5/2014 05:23:36 pm

when politicians hang around in politics for far too long they start doing what Mahendra Chaudhry did : they start to enrich themselves making out these are their entitlements on account of the sacrifices they have made or the great work they have done for the country etc.
The only difference is one of degree. Some pocket huge amounts - lamba hath maro . and some pocket comparatively smaller amounts.
It is rare for a politician not to grow fat on the back of the ordinary people.
Chaudhry gives good proof of that. But he is not alone in that regard.

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