Fiji Labour Party leader Mahendra Chaudhry’s leave to appeal hearing is currently underway in the Fiji Court of Appeal.
This morning Chaudhry’s lawyer Anand Singh indicated that there will be 10 grounds of appeal after Chaudhry was convicted of three counts of breach of the Exchange Control Act and sentenced on May 2nd this year.
He claims that the judge in his summing up gave wrong directions to assessors which raise arguable points.
On the sentencing ground, he believes that his client should have been punished under section 4 of the Exchange Control Act instead of section one.
Singh said the maximum penalty for this charge is $2,000 and not three times of the value stated in the offence.
Singh further added that his client wants the full hearing on the appeal by August this year so that he can exercise his fundamental right of contesting the election.
Fiji Court of Appeal Judge Justice William Callanchini highlighted that there are 40 other appeals waiting for full hearing.
DPP lawyer Mosese Korovou will begin his submission this hour.
Mahendra Chaudhry had been fined 2 million dollars by High Court Judge Justice Paul Madigan.
He paid the fine on the 27th of June.
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.
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