The Chaudhry Trial: Rajendra Chaudhry slams Justice Paul Madigan for "directing" that an application for stay pending appeal by Mahendra Chaudhry will not be accepted by the Fiji High Court Criminal Registry!

21/4/2014

By RAJENDRA CHAUDHRY

Chaudhry further penalised by the incompetent judge Paul Madigan

"Paul Madigan has directed that an application for stay pending appeal by Mahendra Chaudhry will not be accepted by the High Court Criminal Registry.

He said such an application is to be made after sentence. It is beyond belief how a judge can decide which application will be accepted or otherwise. In doing so, Madigan is exercising administrative rather than judicial duties and this is unacceptable and is prejudicial to Chaudhry.

I believe that Madigan is deliberately flouting the law. The stay pending appeal is a right at law for Chaudhry under the Exchange Control Act, which deems no proceedings to be final till an appeal, as filed, is determined or withdrawn. The Court is thus bound by the law.

Notwithstanding the above ground, the Criminal Procedure Decree 2009 also provides for stay of judgment on certain grounds. The relevant part reads:

243. No judgment shall be stayed or reserved on the ground of --

(a) any objection, which if stated after the information was read over to the accused person, or during the progress of the trial, might have been amended by the court; or

(b) of any error committed in summoning or swearing the assessors or any of them; or

(c) any person who has served as an assessor not being qualified to sit as an assessor; or

(d) any objection which might have been stated as a ground of challenge of any of the assessors; or

(e) any informality in swearing the witnesses, or any of them.

Chaudhry's application is not covered in the above prohibitory grounds (a - e) so the Court has jurisdiction to accept and hear it. As such Madigan is bound by law to hear the application. His refusal to do so is mala fides his duties to say the least. Why the wilful blindness of doing what the law says Paul? Fearful that doing things by the law will get you sacked? You are an incompetent judge who is an affront to justice."

Fiji High Court Criminal Registry to Mahendra Chaudhry's lawyer Anand Singh:

Mahendra Chaudhry with his lawyer Anand Singh

Rajendra Chaudhry to presiding judge Justice Paul Madigan: "You are an incompetent judge who is an affront to justice."

35 Comments

Hypocrite

21/4/2014 03:25:14 pm

There you go! In 2008 Mick Beddoes wanted Mahendra Chaudhry to resign as Finance Minister over the $2million; now he is saying the regime is persecuting Chaudhry over the tax case!

Make up your mind Beddoes, you hypocrite!

Hipocrite X 2

22/4/2014 08:48:50 am

The Indian Express, a newspaper of India reports Mr Chaudhry as saying, "People of Haryana have donated FOR A CAUSE and it should be handed over. I am hopeful that Chautala will honour the promise he made TO THE INDIANS of Fiji."

MPC confirmed he was safe in Fiji - July 13 2000

23/4/2014 04:01:26 pm

MPC confirmed upon release by George Speight that he was safe in Fiji thus not needing any money to seek shelter in Australia. His concerns were for the people as his priority (not himself)

Article confirms:

1. He had no intentions of quitting his homeland.
2. That a lot of people were suffering. They are our priority.
3. He had not been badly hurt,
4. unbowed, insisting his priority was to get the country back on its feet

Extracts from report:

Chaudhry, other hostages freed
Speight man is President
SUVA, July 13 (AFP, AP) — Deposed Fiji Prime Minister Mahendra Chaudhry and 17 other political hostages were freed today after 55 days in captivity following which a supporter of coup leader George Speight was appointed as the new President of the island nation.

Mr Chaudhry, Fiji’s first ethnic Indian Prime Minister, emerged from his ordeal battered but unbowed, insisting his priority was to get the country back on its feet.

Talking to reporters outside his Suva Point home, Mr Chaudhry confirmed he had been beaten up in the first week of his captivity.
But he said he had not been badly hurt, as had been widely feared. “I am a tough guy. I can take it,” he said with a smile.

Mr Chaudhry, sporting a grey beard and looking considerably older and thinner than before the crisis, said he bore no animosity towards Mr Speight, a failed businessman.

“I have no ill feeling towards anybody, I am a very forgiving person,” he said. He had spent two hours talking to Mr Speight just before his release, he said.

The political crisis sparked by the coup has left Fiji facing economic ruin and international isolation, with many members of its minority Indian population contemplating emigration.

But as relatives and friends gathered around Mr Chaudhry carrying placards reading: “Welcome home Mr Prime Minister. You are our PM,” he made it clear he had no intention of quitting his homeland.

“I need a bit of a rest now but I’m an optimist. I think Fiji is a great country,” he said.

“My priority is that the nation must get back on its feet. There are a lot of people suffering. They are our priority,” he added.

Money for struggling farmers & ordinary people in Fiji

22/4/2014 09:07:32 am

Extracts from Ghost of Valelawa confirm money raised in August 2000 were for ordinary people on Fiji. Who would that be? only refugee camp at Girmit Centre where Chaudhry gave NIL donation.

On December 2, 2005, Mr Chaudhry while replying to Mr Qarase's allegation blamed Chautala for raising money in his name after his trip to Haryana in August 2000. Mr Chaudhry told Parliament he was surprised and asked Chautala during his Haryana trip in August 2000 how he was proposing to deal with the matter.

"He informed me that the money collected would be deposited in a bank account and handed over to me to assist in our struggle for farmers and ordinary people who are suffering here (in Fiji)," Mr Chaudhry told parliament. This is what he wrote in a letter to the then Indian External Affairs Minister Yashwant Sinha on February 24, 2003 and he read the copy of the letter in parliament on December 2, 2005.

Cause - Indians in Fiji

22/4/2014 09:09:15 am

A press release posted on the FLP website www.flp.org on December 7, 2005 states that Chautala's son Ajay had stated during investigations by the Indian Government that $38,000 was sitting in a bank (in Haryana) and could not be transferred to Fiji because of exchange problems.

The FLP statement said, "Chaudhry stands vindicated once and for all on an issue that had been raised consistently by his political detractors, trying to sully his integrity and reputation".

The Indian Express, a newspaper of India reports Mr Chaudhry as saying, "People of Haryana have donated for a cause and it should be handed over. I am hopeful that Chautala will honour the promise he made to the Indians of Fiji."

DETRACTOR

23/4/2014 12:09:51 am

What Integrity and What Reputation Now??

But then when did Chaudhry have either of the both ever??

And this Chautala Character seems even a bigger player than Chaudhry - what he double-crossed Chaudhry and took-off with the bigger loot? Whow!

Jailor

21/4/2014 03:43:10 pm

Victor Lal holds the secret to Mahendra Chaudhry's guilt or innocence!

But so far he has remained tight-lipped.

I wonder if he is sharing in the $2million "heist" from Haryana?

Harbhajan Lal

21/4/2014 03:53:58 pm

In September 2004 Mahendra Saheb wrote to me enquiring about the state of the funds from Haryana!

I don't understand his letter!

He already had the $2million in his account, in batches - 2000, 2001 and 2002!

And he and his family were using it, even gifting $50,000 to his beloved daughter.

Curious letter of inquiry.

Was I conned into giving my letter to Chaudhry saheb, for him to give to your FIRCA to cover his "backside".

REFUGEE

21/4/2014 06:55:59 pm

Dear Harbhajan Lal-ji – Namaste Ji

Your letter to respected (and not so respected lately) Chaudhry Saheb-Ji has really saddened some of us citizens of Indian origin here in Fiji. The reasons of this are several (bringing back bad memories -for one) but let me just mention another;

Mr. Haribhajan Lal-ji your respected (and not so respected lately) Chaudhry Saheb-ji had made it abundantly clear (as was widely reported in the Hindustani media) to you and your committee as saying that the ‘severity of the atrocities committed against the Fiji Indians were such that hundreds of Indian families were now residing in refugee camps’.

The fact Mr. Haribhajan Lal-ji is that there was, at that time, ONLY one refugee camp – at Girmit Center in Lautoka – which is in Viti Levu Island in Fiji, Mr. Lal-Ji.

What greatly saddens us Mr. Harbhajan Lal-Ji is the fact that you, and your esteemed Committee, to which, ‘lakhs’ of Haryana Indians contributed “heavily” to - chose only “”one”” son of Indus to help?? – Arre wha- why Ji??

What about us, Mr. harbhajan Lal-Ji, –those who were suffering at the refugee camp? Many of us had lost every ‘anna’ and even our houses and all our worldly possessions were gutted in fires. We were poor (garib) people to start with and we suffered so much pain and suffering – and what saddens us more is that you, you esteemed committee and even your Indian Sarkar (govt.) chose only “”ONE” Indian to help?? Que?? –Mr. Haribhajan Ji -esha behinsafi Que?? WHY?? WHY??

Your respected (and not so respected lately) Chaudhry Saheb-ji on the eve of his return to Fiji from Haryana, India, instructed his NFU (National Farmers Union) to form another ‘refugee’ camp in Labasa, in Vanua Levu Island of Fiji – which was not for victims of any violence, but was a small collection of evicted (those whose leases had expired) farmers.

However, we the real refugees (Girmit Center) always suspected your respected (and not so respected lately) Chaudhry Saheb’s real motive for this cunning move.

Was he collecting money in India (and elsewhere) in OUR (real refugees) name for the purposes of ‘misusing’ it for himself later??

But you have in your letter made it very clear that the ‘heavily’ collected money was ONLY for ONE son of Indus – and you and your esteemed committee and even your SARKAR (govt.) didn’t give us (the REAL refugees) even a damn torn rupee. And that SADDENS us a lot – Mr. Haribhajan Lal-Ji – a lot!

We wrote several letters of requests to your respected (and not so respected lately) Chaudhry saheb for HELP – but he refused to assist (in writing) and the FACT remains that he did not give us (the REAL refugees) even RICE and Dhal Mr. Haribhajan Lal-ji.

But GOD has helped us to move on… and GOD has made us witness certain divine justice, lately - which has renewed our faith (not only in GOD) but also in the old Indian saying that “Chowri ke kamai khabhi hajum nai hoi.”

Enough Said (for now).

Harbhajan LIER

22/4/2014 08:28:44 am

Chaudhry claimed in 2008 that he DID NOT receive ANY money from Hariana, so his letter to FIRCA from a scam letter from Harbhajan Lal was FAKE letter. Refer media article below:

I Did Get $2m Aust But I Didn’t Lie-Chaudhry
Publish date/time: 22/08/2008 [07:55]

Fiji Labour Party Leader Mahendra Chaudhry said he received two million Australian dollars but he never lied about it.

Speaking in talkback on Radio Sargam, Chaudhry said the two million dollars was collected by the Indian community in India for him and his family.

A caller then asked Chaudhry why he did not reveal about the the two million dollars in Parliament when serious questions were raised by the then Prime Minister, Laisenia Qarase.

Chaudhry said he did not lie because the questions were in relation to the money collected in India by the then Chief Minister, Om Prakash Chautala. He maintains that he did not get a single cent from the money collected in Hariyana, India.

The former Finance Minister also said he took Laisenia Qarase to court in relation to the Hariyana money and its now before the High court.

Meanwhile, Chautala's son told the Indian Media that the money collected by his father is still in a bank in India and could not be transferred to Fiji because of exchange problems.

Justice Pauliasi Mehdigun

21/4/2014 04:16:07 pm

Strangely, the famous Harbhajan Lal Letter was never produced to the Fiji High Court.

Mahendra Saheb suddenly produced another one from Delhi Support Group before Justice Daniel Gounder which read: “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.”

Poor Harbhajan Lal - please whatever happened to your letter which formed the key for FIRCA to determine Mahendra Saheb's source of the $2million in Australia.

Its becoming more cloudy the whole sordid affair!

Oh My God

22/4/2014 08:13:24 am

CORRUPT CHAUDHRY, how dare gets Delhi Support Group to write about funds "including NRI's (Non-Resident Indians) as part of their letter for what they claim to having collected money for Chaudhry.

Delhi Support Group's version is inconsistent with Chautala's enquiry on Chaudhry's funds conducted by Indian Government, hence they are coloborating with what Chaudhry wants them to write.

This letter makes it as much scam as Harbhajan Lal's letter. I think Chaudhry must have got Delhi Support Group back date the letter so to include funds from NZ, Australia, USA, and Canada to all be claimed as money given to him as gift to settle in Australia.

Chaudhry never asked for any money for himself personally for resettle in Australia. He took up in March 2001 to fight August 2001 Elections thus purpose for him to resettle due to any security risk was over.

Why Chaudhry did not produce each NRI group's to give letters to those funds from them, beacuse his letter from Delhi Support Group is a lie.

These would be:
- Dr Karam Singh's Group - Australia
- Ash Datta - Canada
- Raman Raniga - USA now in Fiji (MPC's Lawyer Anand Singh as wittness)
- Balvant Singh Group - Auckland Paid $28k MPC's QC's fees into his QC's account for entire legal fee for his case (Not Refugee Camps Chandrika Prasad Case)

DPP should bring all these people's affidavit to MPC's Appeal Case so to "increase" Chaudhry's jail term once the truth is established.

Chaudhry thought he was clever by not taking the stand he will save himself from purjury conviction also.

Indian Consulate Support

22/4/2014 02:34:58 pm

It appears after first set of money that came through Australia, The Indian Consulate in Sydney realised Chaudhry did not on transfer money to Fiji to the victims of Girmit Centre who were actually as a group fighting Chandrika Prasad case.

After the accusations begun in Fiji of Chaudhry receiving money from India and hiding it away, Indian High Commission must have informed their Foreign Ministry following which they stopped engaging in supporting any further funds transfer to Chaudhry.

Its a funny old world

21/4/2014 04:56:07 pm

"One of the things a writer is for
Is to say the unsayable
Speak the unspeakable
And ask the difficult questions"
~ Salman Rushdie

A wisdom that was apparently lost on Mr. Chaudhary back then.

Justice Pauliasi Mehdigun

21/4/2014 07:50:42 pm

I call upon the Director of Public Prosecutions and the Director of Criminal Investigations Department to open a new criminal investigation to establish whether my fellow brother Judge Daniel Goundar was misled to reducing the charges based on the Delhi Support Group letter.

And I want to summon FIRCA and Mahendra Chaudhry to explain to the Fiji High Court about the Harbhajan Lal letter which Chaudhry and his accountants Nalin and Pardeep used to negotiate and lie about the source of the 2million dollars.

SCAM DELHI SUPPORT LETTER

22/4/2014 08:23:55 am

Refer media report extracts confirm funds Chaudhry got were from Hariana alone. It did not say from Delhi, etc and of NRI's from other parts of the world.

Chaudhry under fire over funds
Saturday, August 23, 2008

FORMER finance minister Mahendra Chaudhry was bombarded with questions on his financial status during the Radio Sargam talkback show, Aamne Saamne, on Thursday

Mr Chaudhry said he did receive a little more than $1m but it was raised and given to him and his family by the people of Hariyana in good faith and as a sign of support for his family after what he went through during the coup.

Extracts from Ghost Of Valelawa Lives On

22/4/2014 08:34:25 am

The March 10, 2008 report of the three member independent inquiry into the taxation affairs of Mr Chaudhry cleared him of any tax evasion. But the report established that Mr Chaudhry had $2million in Australia and that the money came from Haryana, India.

The inquiry team based its conclusion on the contents of a letter by one Harbhajan Lal of Haryana. This letter was revealed to the people of Fiji by The Fiji Sun on February 24, 2008.

Despite this, Mr Chaudhry said something else on Radio Sargam when a caller asked him why he didn't reveal this in Parliament on December 2, 2005 when the issue was raised by the then Prime Minister Laisenia Qarase.

He answered that Mr Qarase was alleging that he had received money from the then Chief Minister of Haryana Om Prakash Chautala, which he did not.

For argument's sake, even if Mr Chaudhry is right, what stopped him from telling Parliament about his $2million in Australia. He could have said, "I received $2million from Haryana, India and it is in Australia because it was given to me to resettle my family and I to Australia. It was not given to the Indo-Fijian community. While I received $2million, I did not receive any money from Om Prakash Chautala."

But as the Parliamentary Hansard shows, Mr Chaudhry did the opposite. In his long-winded personal explanation, he claimed he did not get a single cent from Chautala. On the talkback show, Mr Chaudhry said he did not get a single cent from Haryana. Then from where did the $2million come from. Definitely not from Timbucktu!

Ghost of Valelawa Lives On

22/4/2014 08:45:06 am

Funds from Hariana was publically announced as funds for his struggle as he represented himself as leader of the Peoples Coalition Govt. Chautala did not say the struggle was to ship Chaudhry to Australia for safety.

An article on rediff.com written by one Josy Joseph covered Mr Chaudhry's appearance at Maharishi Dayanand University compound in Rohtak, Haryana with Chautala in August 2000. The article states, "Chautala offered Chaudhry any amount of financial assistance for his struggle. As a token gesture, he called upon all the 16 million residents to contribute a rupee each".

Chief Justice Ghat

21/4/2014 07:57:14 pm

Now it is becoming very clear why Mahendra Chaudhry, who never stops arguing his grounds, chose NOT to take to the witness box!

The ghost of Harbhajan Lal would have drowned him

Chakki Pisso

21/4/2014 08:08:45 pm

Dhe Se Karo
Wei Se Bharo -(universal law of KARMA)

Enjoy your time in Naboro
Chaudhary

Say Hi to George Spieght and Bhikka presently
until kaiyum and Baini join you lot - too.

Santa Claus

21/4/2014 08:45:52 pm

The DEVIL is in the DETAILS
And so are your SINS

REPENT! Chaudhary REPENT!
B4 its too LATE and
You are LATE Mr. Chaudhry!

CHAPPAN CHURI

22/4/2014 01:51:30 pm

“Chowri ke kamai khabhi hajum nai hoi.”.....Does this also mean getting the dole and running a company on the side Mr Santa Clause?
Perhaps getting a medal on false pretences is also "chori ke kamai !!!"

Chappan Churi Chamaar Hai

22/4/2014 02:41:26 pm

Santa Claus is alias and nothing to do with Santa you know topi.

Himmat hai to apan naam likho tub batai tum ketna bekar hai.

Jaran lage medal ke ... tum medal magata... traitor?

soul-searching

23/4/2014 12:08:02 pm

Admission, Repentence, Mercy - in that order.

My heart cannot sing with joy when fellow beings fall, whether it be Qarase or Chaudhary - for no one is perfect.

So what must happen will happen.

Our two former PMs had all the time and means to retrace their steps and set things right. That called for "humility" and to demonstrate that would be a clear indication of a well-formed conscience.

But alas, human nature being what it is... left to its own devices may very well self-destruct without any help. My sympathy lies with their families.

"Not that I loved Caesar less, but that I loved Rome more"
~ Julius Caesar, act 3 , sc. 2

Bystander

22/4/2014 03:39:23 pm

Isa moce Chodry.
Reading all this all I can say is too late for regrets.
Thank you for your service to Fiji Mr Chodry, as PM, as a hostage and all you've done.
Chaudry maybe guilty in the courts but remember that God will punish all who are guity including coupters and crooked judges
God Bless Chaudry....Moce Mada for now

Chori Chori Kabi Mere Ghar Eya Karo

22/4/2014 03:48:05 pm

Our hearts sing with JOY - MP Chaudhry -GUILTY AS CHARGED - and its a Qali Qali Meh Shor Hey situation - here in Haryana and rest of Hindustan - where their famous 'Son of Indus' has brought SHAME to their names.

And if you look Qali Qali in whole of HARYANA there is no who answers to the name of 'Harbhajan Lal Ji'.

He is just a "FICTIVE ENTITY" who exists only in the rotten mind of MP Chaudhry.

Chaudhry - You did your DEEDS
Now DO your TIME - (hopefully a Looooooong one
in Naboro) Sorry - we don't feel sorry for you!

Count Down Begins..

22/4/2014 04:42:36 pm

Don't forget your toothbrush, tooth paste, pajamas, some tee shirts, some things to read and yes some hot mirchi chutney .. don't worry we'll help with the list...

Enjoy your seven days of FREEDOM!

Fijileaks Editor

23/4/2014 12:52:11 am

Dear Commentators

Some of you might be wondering why your comments were not approved.

Simple reason - there is no place on this website for gross abusive comments

Many thanks
Editor

REFUGEE

23/4/2014 01:58:45 am

Just reading through these comments gives you a sorry sordid story of greed, swindle and squander and of international crime of raising money in the name of the poor and using it for shameless self-enrichment.

Chaudhary collected funds in the name of the refugees (and kept it) and then came Chautala who in-turn collected funds in name of Chaudhry and the refugees (and kept it). The rich got richer in the vicinity of say $ 2-3 million to Chaudhry and a moderate guess for Chautala at $ 5-10 million ?? And so everyone got RICH except the refugees. But wait there is more!

Then came Qarase with an allocation of $1.5 million (later increased to $2.5 million) Fiji Tax-payer money for victim (refugee) compensation package and then conveniently used it for VOTE BUYING (2001/2006) and the famous AGRICULTURE SCAM!! – Read Kunatuma and Bikka (Suncourt) criminal cases. But wait there is more!

Then came the benevolent Bainimarama to clean-up Qarase and promised us refugee compensation and then he STOLE the very platform the Refugees had kept their struggle for compensation going for 14 long years – Girmit Heritage Party / Fiji First Party! -Now Bainimarama too is just a CHOR!

Quite FRANKLY we the poor, the battered and downtrodden have had ENOUGH of all these CHORS!! They are all CHORS!! CHORS and CHORS and BUTAKUs!

And we are ANGRY!!

ditto

23/4/2014 11:28:49 am

Amen.

SLOW

23/4/2014 12:30:04 pm

OK - Got it Now!

Chaudhry -Chor, Chautala -Chor, Qarase- Chor and Bainimarama - Chor -

Whow! -Who are we left with?

Rajesh

23/4/2014 02:13:52 am

PM LQ/MPC are real man and have face regime controlled court .
Bai/Khaiyum are scary cats dont want to face court for treason and stealing tax payers dollars .
PMLQ/MPC are real hero and real Vilan are bai/kai.

tualeita

23/4/2014 08:38:20 am

Yeah Rajesh. Bhai and Khai cannot face their own kangaroo court.

Fair

23/4/2014 10:46:30 am

There have been no fair trials in Fiji since 2006. All this is b shit to take out LQ and MPC so that the coward Frank has an easy way in.
Frank will be imprisoned too after 2009 Court of Appeal decision declaring 2006 coup illegal is reactivated.
Vinaka Rajend!!!

Hoodwinked!!

23/4/2014 05:27:04 pm

Lalach ka ful bura hota hai - the fruits of greed are sour, not sweet. Mahenwa must have heard this famous household saying from grandparents or parents. he should have listened.

mahen's favorite term was 'hoodwink'. He accused all rivals of 'hoodwinking' the people of Fiji. Well, mahenwa is no slouch when it comes to hoodwinking! He is the heavyweight champ!

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The Chaudhry Trial: Rajendra Chaudhry slams Justice Paul Madigan for "directing" that an application for stay pending appeal by Mahendra Chaudhry will not be accepted by the Fiji High Court Criminal Registry!

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The Chaudhry Trial: Rajendra Chaudhry slams Justice Paul Madigan for "directing" that an application for stay pending appeal by Mahendra Chaudhry will not be accepted by the Fiji High Court Criminal Registry!

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CategoriesThe Draft Ghai Constitution 2013The Explanatory ReportAppendage to Draft ConstitutionProfessor Yash Ghai's Statement

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Categories
The Draft Ghai Constitution 2013
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Appendage to Draft Constitution
Professor Yash Ghai's Statement