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JUDGE EXPOSED: Mahendra Chaudhry provides confidential documents from DPP prosecutor to prove Justice Madigan's secret role in tax case

10/10/2013

17 Comments

 
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From left: Justice Paul Madigan, Nazhat Shameem, Clive Grossman QC, DPP Christopher Pryde, Chaudhry and his lawyer Anand Singh
"His [Mahendra Chaudhry's] grounds of application are that: (1) the applicant is "informed" that I attended a workshop conducted by the DPP from 16 - 23 July 2010 where these proceedings were "exhaustively discussed" and where I made the suggestion that a schedule of the applicant's bank accounts be attached to the information...He then goes on to say that these "facts" have been confirmed to him by a former senior member of the DPP's office. (2) the applicant "understands and believes to be common knowledge" that I have in the past "socialized" with the Prosecutor in the proceedings, one Mr. Clive Grossman, and have previously had a working relationship with Mr. Grossman's Junior Counsel, Ms. Elizabeth Yang...It is unfortunate that these hearsay allegations are not supported by evidence, for example by an affidavit of the "former senior member" of staff. The reason why, undoubtedly, is that the allegations are mendacious, perfidious and malicious and s/he would not want to perjure h/self. I have never discussed the applicant's charges with any member of the office of the DPP outside of the Courtroom, let alone made suggestions as to the composition of the Information, which would be unthinkable for a criminal Judge." - Justice Paul Madigan, 18 September 2103, while dismissing Mahendra Chaudhry's recusal application
By Fijileaks Insight Team
The tug-of-war between the Fiji Labour Party leader Mahendra Pal Chaudhry and Justice Paul Madigan for the judge to recuse himself from presiding over Chaudhry's tax case takes a dramatic twist.

The Chaudhrys have given Fijileaks confidential documents from DDPs Office (Prosecution Brief), affidavits, and letters which seem  to support their alleged claim that Madigan was intimately involved behind the scenes in framing the tax charges against Chaudhry.

They claim that their key informant in this matter is the former DPP prosecutor WASU PILLAY, now in private practice with Gordon Lawyers. Pillay is yet to reply to Fijileaks despite our numerous requests for comments.


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PROSECUTION BRIEF: Mahendra Chaudhry claims that the 109 page long document was given to Rajendra Chaudhry by a former DPP prosecutor Wasu Pillay now in private practice
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Chaudhry leaving the Fiji High Court with his NZ lawyers and Peter Williams QC and Heeni Philips. He has pleaded not guilty.
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UNMASKED? DPP Mole allegedly Wasu Pillay

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UNMASKED? Wasu Pillay as he appears on his Facebook page
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Chaudhry: Prosecution Brief reveals Attorney- General Aiyaz Khaiyum interferred with case

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WASU PILLAY: Fijileaks sent to Pillay the allegations for comment but to date he has not responded to us
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Aiyaz Khaiyum "interferred" with the case tainting the DPP, claim Chaudhrys
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Seini Puamau from DPP's Office prepared Prosecution Brief but her affidavit in support of Madigan is disputed by Chaudhry
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The above excerpts are from the Prosecution Brief which Chaudhry claims was passed onto him by Wasu Pillay
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Former judge Nazhat Shameem (second from left) at a "Protecting Fiji from Money Laundering" conference
" I was informed and so believe that the charges I face/d were the subject of a DPP workshop, which was organized prior to my being charged, around 16-23 July 2010, by Ms Nazhat Shameem, a former judge who was then reportedly a consultant to the office of the DPP" - Mahendra Chaudhry in his affidavit for Madigan's recusal from his case
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"He (Wasu Pillay) dropped off the Prosecution Brief to my office in Suva in or around April 2012. He had it saved in a USB and copied it to my laptop. He left for Labasa after MPC was charged and had applied for recusal of Goundar and permanent stay of the charges." - Rajendra Chaudhry to Fijileaks.
PictureThe Chaudhrys outside the Suva High Court
in August 2012.
_ 27th June 2013

Mr. Wasu Pillay

Messrs. Gordon & Company

Barristers & Solicitors

157 Vitogo Parade

Lautoka

 

Dear Mr. Pillay

I write to request your kind assistance in the Suva High Court Criminal Action 137 of 2010 against me.  You are familiar with the case as you dealt with it during your employment with the DPP’s Office in 2010.  The subsisting charges in this action against me relate to alleged breaches of the Exchange Control Act.

I have been informed that you attended a workshop convened by the DPP’s Office to discuss my case following the laying of charges against me in the Suva Magistrates Court on 23 July 2010.  The case was subsequently transferred to the Suva High Court.

Those who participated in the workshop included Mr. Aca Rayawa (then Acting DPP), Ms. Nazrat Shameem (former Judge) Justice Paul Madigan, a number of prosecution staff and other members of the legal fraternity.  The workshop was held on or about 28 July 2010.

I have been informed by my son Rajendra Chaudhry and Mr. David Toganivalu, former Deputy DPP, that you had confided to them that Judge Madigan participated actively in the workshop and even suggested that certain schedules be added to the charges as presented in the Magistrates Court.

As you know, my case was initially heard by Judge Daniel Goundar who dealt with the first stay application made by me to permanently stay/ quash all the twelve charges laid against me.  The other charges related to proceeds of Crime Act and Income Tax Act. 

Judge Goundar permanently stayed/ quashed all the charges except the three subsisting charges where he ruled that a case had not been made to establish abuse of process.  His ruling was delivered on 25 July 2012, following which he directed that the case be placed before Judge Madigan to deal with the remaining charges. 

A second application for permanent stay was filed in respect of the three remaining charges and was heard by Judge Madigan on 26 April 2013.  At this hearing my Senior Counsel, Peter Williams QC, requested Judge Madigan to recuse himself as it had come to the knowledge of the defense that the Judge had participated in a workshop convened by the office of the DPP in which my case was discussed.

The Judge ruled that he would not recuse himself as he had no recollection of attending a workshop convened by the DPP in which my case was discussed.  However, he admitted that he had, from time to time, attended a number of workshops and some of them were workshops convened by the DPP’s office.

It will be noted that Judge Madigan did not categorically deny participating in the workshop which discussed my case but said that he could not recollect attending such a workshop.

As a Counsel yourself, you would well appreciate my reasons for making this approach to you.  I find it extremely hard to believe that the Judge’s powers of recollection could be so weak.

Aside from your good self, two other former staff members of the DPP’s office have also confided that Judge Madigan participated in the workshop.  I will also approach them for confirmation.

All I seek of you in the name of justice and fair play is an affidavit or a letter confirming Judge Madigan’s participation in the workshop.  Just how important is this factual bit of evidence to my case may be well appreciated by you as a member of the Bar.

I did try to contact you by phone before writing this letter but was unable to speak to you as you were out of the office.

I shall be only too pleased to discuss the contents of this letter with you at a time convenient to you.  My contact numbers are 3301 865 (res) 9921 865 (mobile) 3373 317 (office).  I hope to hear from you soon.


With warm regards.
 

Yours sincerely
 
Mahendra P. Chaudhry


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Fijileaks Editor: Full Investigation to be published soon.

17 Comments
Rajesh
10/10/2013 12:53:14 pm

Why is MPC been chargedagain ?. when he was investigated by Auss hired investigators and cleared by regime back in 2009.
I read past case of Y.P Reddy was not charged by DPP why?
RBF took the case and won it after 8 years .Why Reddy been protected by the regime ?.
Common knowledge Frank/Khaiyum used people and dumb them for their benefit.
MPC /LQ was threat to them in 2014 election so he will get them convicted and disqualify them for election.mark my word.
MPC should know now never trust and support Army and Mullah.

Reply
Rajesh
10/10/2013 02:55:28 pm

MPC/LQ is charged .
Why notYP Reddy and Bano/AG/BAI /others been charged ?
Bai was paid leave pay by MPC. than bai paid it back why? thats corruption at highest level.
Why FICAC/DPP didnt charge Bai/MPC on leave pay?

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kavita meow sharma
10/10/2013 04:31:42 pm

What???? workshops??....ME????? ....NOOOOOO!!!
Show me the moneeey!!!
I don't know madigan!?! Madigan who????

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Maro Pito
24/4/2014 10:22:36 pm

Madigan is MadGun

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Alex Frenkle
10/10/2013 10:04:05 pm

Boy fijileaks - keep it coming! Yaya dude this is going to be interesting. The stink with the Judiciary and Khaiyum has contaminated and permeated every level of Fiji society.

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Expert in hand writing........
11/10/2013 03:01:52 am

What are we looking at here? 2 different signatures from the same man, MPC. What is the legality of these documents or someone is conning someone? I wonder if DPP can charge MPC for contempt of court as the case is still open before justice Madigan.Can he also be charged for perjury for false affidavit over 2 different signatures and Raman for witnessing it

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Let Me Answer
12/10/2013 04:49:53 pm

Yes both should be charged for perjury. I think Police is investigating this case in a more serious manner now as MPC's son Rajen has been interfering with Wasu Paillai and threatening him to provide false affidavit.

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Fijileaks Editor
11/10/2013 07:25:02 am

Please note that if you want your comments to be posted, it must be free of abusive language

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Not bias
12/10/2013 09:15:14 pm

Judge Madigan was not the Judge hearing the case in the first place. It was Judge Daniel Goundar. How does attaching a schedule of Bank accounts constitute bias when DPP may hve raised this case as a penal discussion on the issue of money laudering as an example case that may be in the pipeline.

MPC should bring in Hariana witness Harbhajan Singh to give evidence that his letter to the Express Enquiry is genuine and not fake.

If Madigan was really bias in this case he would have suggested this instead.

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Journalist
13/10/2013 04:47:19 pm

I think Chaudhary wants The CJ to say: "Ok MPC you bring your own choice of judge to decide on your own matter".

MPC is making application for recusal of judges the way Fiji Rugby changes it's couch -

MPC should be charged for showing this type of disrespect to the Fijian Judiciary.

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Subjudice
14/10/2013 12:53:33 am

Is this trial by media or case in the court?

While journalist can write whatever they want as public perception while case is in court, can the Chaudharys' be spared contempt of court to pass conflicting issues to Fijileak to print as begging for public sympathy when the case is in the court?

Is MPC the same person who sacked wistle blowers from tax dept, and did not get suspended pending enquiry, thus still controlling the staff from coming out openly and freely to give evidence against him and his tax matters and the public money he claimed to belong to the poor Indian victims.

Now bias MPC is calling Justice Madigan bias. As much as that may be corret, it is the pot calling the cat black.



MPC hunted Russel Hunter
14/10/2013 01:07:09 am

Was MPC bias to see Russel Hunter thrown out of Fiji for printing his name as the Minister who evaded tax.

Can his legal team explain and do comparison to Judge Madigan's purported comments as which of the two are harsher then the other?

Taste of your own medicine seems a turn on ..hehehe...!!!!

Fijian Citizen
13/10/2013 02:23:49 pm

Previously Rajendra Chaudhary made an allegation against Wasu Pillai saying that Mr Pillai handed him the PB saved in a USB in Labasa. In this Fijileaks post the same Rajendra Chaudhari says Wasu Pillai left the USB in his Suva office before leaving for Labasa.

I find Rajendra Chaudhary's statement conflicting. Can he clarify how Wasu Pillai handed him USB - if he really did!.

Secondly how can Chaudhari's prove that it was Wasu Pillai who gave them PB and not any of the following people:

a) Ana Tuiketei
b) David Tognivalu
c) Seini Puamau

May be Chaudhary's think ILC will charge Wasu Pillai on their allegations.
Why should they?

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Sahu Khanz
13/10/2013 08:22:48 pm

Can Rajendra and Mahendra Chaudhary clarify whom they are targeting here= Judge Madigan, Attorney Genearl or my aunty Nazhat Shameem?

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Ratu Isoa Sukamori
10/4/2014 08:57:29 pm

ur aunty ...AG & Madigan... ol played a part...

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Harbhajan Lal
14/10/2013 03:04:55 am

I am really upset. I notice I am no longer mentioned as the one who had given Chaudhry saheb the $3million for him and his family to settle in Australia

Now, I see from court records, that Chaudhry saheb is claiming that the money was given to him by one Delhi Support Group

I never heard of this group before. For as you know, Chaudhry saheb had asked me in 2004 to give him a LETTER to give to your Fiji taxman to say I gave him the money from Indian government.

It was on my letter that Chaudhry saheb was let off by your Fiji taxman

Now, I see that he is no longer mentioning me at all - especially in the Justice Goundar judgment

Please, explain to me Chaudhry saheb, why you are no longer singing my praise!

I have never had of the Delhi Support Group

Haryana in not in New Delhi, so how come you got the money from them, when we gave you the money from Haryana

Hei, Ram, I wonder if Chaudhry saheb had fooled me into giving him the letter in 2004 for Fiji's taxman

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chandlesh ganesh
4/11/2014 09:19:06 pm

I am also a victim of judical system in Fiji. Wrongfully charged ,served life sentence for nine months and was aquitted from all charges my repetitions were tarnished by, so called legal justice system kaiyum should be removed from attorney genrals post and all shrilankans should be sent back where they came from.

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