The Chaudhry Trial: Rajendra Chaudhry launches blistering attack on Justice Paul Madigan's Summing Up to Assessors in Chaudhry foreign exchange control trial

22/4/2014

By RAJENDRA CHAUDHRY

Paul Madigan lies in his summing up to assessors in the Mahendra Chaudhry case

"This man, as said earlier, is incompetent and a threat to justice. I refer to paragraph 12 of his summing up, where he said:

"13. There is no legal requirement for the accused to be ‘directed’ or given notice of his impending breach. You might think that it was unfair not to be given full details of his breach before he was charged and you might think that it was discourteous of the Reserve Bank not to reply to Mr Chaudhry’s letter of 18 November 20009 but those matters are not elements of the offence and should not play a part in your deliberations.”

The above summing up is an outright lie and exposes Madigan’s lack of competence as a judge. I refer to Section 39 (2) and (3) of the Exchange Control Act, which reads:

39 (2) Any directions given under any provision of this Act -
(a) may be either general or special; and
(b) may be revoked or varied subsequent directions; and
(c) shall be given to such persons and in such manner as the competent authority thinks appropriate and, if so given, shall be valid for all purposes.
(3) Notwithstanding paragraph (c) of subsection (2), a person shall not by, virtue of any direction given by the competent authority under this Act, be convicted of an offence against this Act, unless the direction was served on him or he knew, or avoided getting to know, of the giving thereof:

In the Chaudhry case, no direction was served. Without such direction Chaudhry could not be convicted of any offences under the Exchange Control Act (39(3). Madigan acknowledges this in his summing up by saying no such direction was needed.

Madigan was clearly wrong at law in directing the assessors on this important issue, and his doing so could lead to the obvious conclusion that he is incompetent.

His incompetence has led to the conviction of an innocent man. He is a disgrace and a threat to justice. He must be immediately suspended as a judge and issued with proceedings for judicial misconduct

Fijileaks Editor: Peter Bodor QC, Mahendra Chaudhry's defence lawyer, made the following statement after Victor Lal sought Bodor's comments on the article: "Let it be clearly understood I never comment on cases, personalities or decisions of the Court directly or indirectly; whether to the media or any entity other than to the client in privileged circumstances during the course of my holding instructions for that client. If properly instructed I will pursue an appeal that has merit. I have not been approached or engaged at this time for any appeal arising from Mr Chaudhry's convictions. I do not have any comment to make regarding Mr Lal's inquiry of me in the email below. "

Justice Paul Madigan accused of lying in his summing up

Mahendra Chaudhry with his lawyer Peter Bodor at the Suva High Court. Bodor has declined to make any comments on the article

Mahendra Chaudhry waiting to be sentenced on 1 May

12 Comments

Kai Nakelo

21/4/2014 07:33:08 pm

Obviously biased, son defending father.
He got the money.
The money is in Australian bank.
No tax was paid on interest until he got caught.
If the money was to help him resettle in Australia, and he's still in Fiji, he should return the money.

FLP Treasurer a LIER - No Money to Girmit Centre

24/4/2014 01:46:23 am

FLP to issue release on Chaudhry
Publish date/time: 12/03/2008 [10:58]

The Fiji Labour Party board met yesterday in Suva after Interim Finance Minister Mahendra Chaudhry's clearance.

This morning none of the board members opted to comment on the agenda of the meeting however, Chaudhry only said that a statement is being prepared which will be released to the media later today. He said till then he will not make any comments.

Yesterday FLP Treasurer Rajeshwar Kumar had said that he can only make public the party's accounts after getting approval from the FLP board.

Kumar had revealed to Village News last month that the party spent all the money that was collected for the farmers and victims of May 2000 coup by Labour Leader Mahendra Chaudhry.

Kumar maintains that after taking over the position of treasurer last year he had looked through the un-audited accounts of the party however, he has found nothing sinister.

According to Kumar money collected was spent on the Valelawa Camp in Dreketi and Lautoka's Girmit Center where some farmers took shelter for a few months in 2000.

John Sami

22/4/2014 01:24:09 am

Bias? KN? Really? Doesn't bias relate to a decision maker ie Madigan in this case? Another bush lawyer are you?

Champion of the poor

22/4/2014 02:20:36 am

Hahaha, John sami or whatever your name is, truly blind supporter of mahen. johny will see or hear no evil about his bhagwan, mahen 'garabi hatao' chaudhry. mahen certainly did 'hatao' his family's garibi, haha! yes johny boy, we elected mahen to go around the world with begging bowl in hand like a bhikari, collecting money for him and his family, using name of poor farmers, coup victims and the labour party brand. I say well done Madigan!

Bhikari Neta

22/4/2014 07:31:16 pm

On 17 November 2004, Mr Chaudhry told the Fiji Times that "there was no funds collected by anyone for the FLP" and they have not asked anyone to collect funds on their behalf.

Chaudhry did not say he asked Harbhan Lal Ji to raise funds for him to resettle in India either!!!

Fiji Labour leader denies India fundraising
Posted at 03:23 on 18 November, 2004 UTC
The Fiji Labour Party leader, Mahendra Chaudhry, is denying reports that the chief minister of Haryana state in India, On Prakash Chautala, collected funds for his party.
The Fiji Times says according to reports, Indian authorities have charged Mr Chautala with the disappearance of millions of dollars including funds raised for the Labour Party.
An Indian newspaper, The Tribune, reported on October the 26th that Mr Chautala had collected funds for the Fiji Labour Party.
In an Indian Express newspaper report in January last year, Mr Chautala had been quoted as saying money collected for the Fiji Labour Party was deposited with the Oriental bank of Commerce under the name of the Fiji Friendship Society.
Mr Chautala was quoted as saying it was up to Mr Chaudhry to decide how to use it.
The Indian Express said when Mr Chaudhry inquired he was told that about 600,000 US dollars had been collected but that he was not given any money.
Yesterday Mr Chaudhry told the Fiji Times that "there was no funds collected by anyone for the FLP" and they have not asked anyone to collect funds on their behalf.
He said people making such allegations are engaged in a smear campaign against the Labour Party because the elections are around the corner.
News Content © Radio New Zealand International
PO Box 123, Wellington, New Zealand

$2million Painful Naboro

22/4/2014 07:49:11 pm

I refer to Rajen Chaudhry's legal opinion in trying to help his father out of going to jail as one should do as a son particularly when the son has benefited from the looted millions and is in direct line to inheritance of such loot. So indeed he has to defend his chor father.

Rajen did touch key defence issue to not find his father guilty by stating:

(3) Notwithstanding paragraph (c) of subsection (2), a person shall not by, virtue of any direction given by the competent authority under this Act, be convicted of an offence against this Act, unless the direction was served on him or he knew, or avoided getting to know, of the giving thereof:

In the Chaudhry case, no direction was served. Without such direction Chaudhry could not be convicted of any offences under the Exchange Control Act (39(3). Madigan acknowledges this in his summing up by saying no such direction was needed.

It is however a fact that CHaudhry was asked about his funds by Reserve Bank and his response was counter questioning REserve Bank what money?

In response Reserve Bank moved out of their own Act and reported to police to investigate what would appear to be breach of the act section referred by Rajen.

This case became a police case and not Reserve Banks case of attempting to bring back the "undeclared" overseas funds, it washes off Reserve Bank Act of issuing a direction to what Chaudhry deliberately failed to declare.

Therefore Chaudhry has no case to answer and Madighan who may be a biased judge no doubt has taken the correct stand due to this being a police case and not reserve bank case.

If Chaudhry would have told in his reply to Reserve Bank's question that he does have so much funds in Australia, etc, then only will the Act for direction should apply.

Money Belongs to Chaudhry is a LIE

22/4/2014 09:26:34 pm

Money belongs to Chaudhry-Report
Publish date/time: 12/03/2008 [13:25]

Mahendra Chaudhry has substantial amounts of money in overseas accounts but the money belongs to him according to the Independent Tax Inquiry Team report.

The Bruce Cowley headed team report states that during the years 2000 to 2002 inclusive, various amounts were paid for the benefit of Chaudhry into his Australian bank account, much of which Chaudhry transferred into other accounts, also with financial institutions in Australia.

In relation to the principal sum held in these overseas accounts, the ultimate conclusion reached by FIRCA was that it did not constitute chargeable income.

FIRCA's reasoning was based on correspondence to Chaudhry from the organiser of a fundraising group in India, which states and I quote "You may recall that when you were in India in 2000, we had formed a committee which requested you to leave Fiji and stay in Australia since the situation in Fiji was not safe and you were not secure in Fiji. The committee also assured you that it would collect funds for your settlement in Australia" end of quote.

The letter also gives specific details of the various payments made into Chaudhry's financial institution accounts. FIRCA obtained verification of the information in the letter by obtaining copies of the statements for Chaudhry's accounts which showed that the payments had been made via the Indian Consulate in Sydney.

However some details have not been made public.

In the report the inquiry committee highlights that Chaudhry remains entitled to have information which he disclosed to FIRCA in relation to his income treated with appropriate confidentiality. For this reason, in the body of the report, the committee has not disclosed details of Chaudhry's income. The inquiry team also recommends that matters in relation to his income, which was summarized in an Attachment B, be kept confidential and disclosed only to FIRCA and Chaudhry as they contain detailed information about Chaudhry's tax affairs.

The report reveals that Chaudhry lodged his tax returns for 2000 and 2001 financial years together on 30th May 2002, which was outside the 31 March due date for the lodgement of those returns. The report also states that Chaudhry lodged his return for 2002 on 12 December, 2003 which was also outside the time allowed. It said Chaudhry also did not declare interest on the Australian and NZ financial institution accounts in his tax return lodged with FIRCA in respect of any of the 2000 to 2003 years.

During 2004, FIRCA's data matching unit received information from the Australian tax authorities that Chaudhry had received interest on his Australian accounts. FIRCA then wrote to Chaudhry seeking an explanation, Chaudhry replied indicating that his understanding was that the interest derived in Australia would only be subject to tax when the funds were repatriated to Fiji.

FIRCA then advised Chaudhry that the interest income was chargeable when the interest was credited to his account, irrespective of location and currency.

Chaudhry then sought professional advice and forwarded all the details of his accounts in Australia and NZ.

The report highlights that in his 2004 tax return and those for subsequent years, Chaudhry has declared interest earned on accounts he holds with Australian and NZ financial institutions as part of his income and duly paid the tax assessed.

Funds Belong to Girmit Centre Refugee Camp

22/4/2014 09:33:04 pm

Chaudhry asked for immediate help from India for the refuge victims in Fiji and disguising Valelawa camp as part of it which he had called people into whose leasses were still intact.

[PTI NEWS ACHIVES]

Uphill task ahead to bring Fiji back to normal:Chaudhry

NEW DELHI, Feb 26: Ousted Fijian Prime Minister Mahendra Chaudhry, awaiting the country’s Supreme Court judgement on restoration of an elected Government, today said bringing Fiji back to normal would be "an uphill task."

"So much damage has been done to the national economy and racial relations that whichever Government comes will have an uphill task," Chaudhry said here.

Chaudhry, who called on Prime Minister Atal Bihari Vajpayee, told reporters that he apprised him of "the latest situation" in Fiji.
He said the country’s Supreme Court is taking up the case of restoring an elected Government on March one.

The ousted Premier said his meeting with Vajpayee was "fruitful" and that the Prime Minister assured him of due help.

Chaudhry, who was toppled in a coup by rebel leader George Speight last year, said the international community in general and Government of India in particular should "intervene immediately" to help out the Indians settled in the Island nation.

"The plight Indian farmers is serious as most of the land lease is to expire on December 31 and the Indians are being driven out of their place of stay," he alleged.

"Hundreds of people have been rendered homeless and forced to camp in refugee camps," Chaudhry said.

Pointing out that after the first coup in 1987 no effort was made to improve racial relations or adequate legislation enacted to provide protection to Indians, he said " we second time".

Chaudhry, who originally hails from Rohtak in Haryana, is expected to hold discussions with Haryana Chief Minister Om Prakash Chautala on February 28. (PTI)

Poor Victims Reminded

23/4/2014 03:02:01 am

Above report shows Chaudhry reports to Indian Prime Minister about refugee camps Chandrika Prasad Court of Appeal.Nothing to do with Chaudhry but refugees fighting a political battle to save the nation.

That also shows Chaudhry telling Indian PM about refugees in the camp needing immediate support.

Beddoes digs into Chaudhry case
Sunday, March 16, 2008
Extracts:

Mr Chaudhry admitted to FIRCA during explanation over his undeclared income that he held funds in trust for the Indian community and farmers in Fiji.

Shaan link

22/4/2014 03:13:54 am

MPC is innocent.Its a shame that he is being c convicted for the cash which belongs to him...which was the donation he received and that cash was never stolen nor was it earned here in fiji so why the hell he has to pay tax for it...Indian High commission is not stupid enough to deposit the cash in mpc's personal account.Wait till the old and mighty MPC steam rolls the election if he manages to withhold this conviction trial some how or the other.

Sometimes Madigun is not bias

24/4/2014 01:43:17 am

Inquiry team for Chaudhry not impartial says Opposition Leader
Monday, March 10, 2008
Update: 4.08pm Opposition Leader Mick Beddoes said he had concerns over the impartiality and credibility of the team carrying out an inquiry into Mahendra Chaudhry's tax files.
Mr Beddoes said the TOR for the Inquiry team did not address whether Mr Chaudhry failed to declare his earnings of $2m and failed to file his tax returns on time as required.
Questions are how much did Chaudhry receive, what was the source of the funds and how was it transferred to his accounts.
What was the purpose of the funds, what was it used for and who were the ultimate beneficiaries of the money?
"Had Chaudhry received the funds when he told Parliament that he had not received anything because it directly relates to the conduct and credibility of a senior minister and public office holder," said Mr Beddoes.
He questions why the AG waited two days before announcing the inquiry and how Taufa Vakatale could be considered transparent when she had been appointed by Chaudhry to be a member of the Public Accounts Committee.
Mr Beddoes said the integrity of the inquiry team was doubtful.

FLP Lies About Money - None given to GIRMIT Centre or to Valelawa

24/4/2014 02:13:18 am

We spent all the money-FLP
Publish date/time: 27/02/2008 [12:57] – Fiji village

The Treasurer for the Fiji Labour Party has today revealed that they have spent all the money that was collected for the farmers and victims of May 2000 coup by Labour Leader Mahendra Chaudhry.

Rajeshwar Kumar who is also the Mayor of Nasinu said the money collected was spent on the Valelawa camp in Dreketi and Lautoka's Girmit Center where some farmers took shelter for a few months in 2000.

According to Kumar, money left in Chaudhry's off-shore account was collected by the people of Hariyana India to assist him in resettling in Australia following the May 2000 coup.

Kumar adds that after taking over the position of treasurer last year he has looked through the un-audited accounts of the party however he has found nothing sinister.

Chaudhry has been criticized for not declaring how much he has in his off-shore bank accounts and what is the source of this income.

Meanwhile, Fiji Trades Union Congress is gathering more information on the alleged removal of two senior officials, of Fiji Islands Revenue and Customs Authority who were doing intensive investigations against Interim Finance Minister, Mahendra Chaudhry.

General Secretary, Felix Anthony said they have very little information on why former FIRCA Auditors Lepani Rabo and Joseva Leano were allegedly removed from office.

According to Anthony they will soon do their own investigations on the matter.

He said he will comment later on several allegations against Chaudhry for allegedly evading taxes over a number of years.

FIRCA, Chief Executive Officer, Jitoko Tikolevu earlier said the investigations are and will remain confidential and will never be made public.

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The Chaudhry Trial: Rajendra Chaudhry launches blistering attack on Justice Paul Madigan's Summing Up to Assessors in Chaudhry foreign exchange control trial

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