Application made to quash charges against Chaudhry

Just days before the mitigation and sentencing for former Prime Minister, Mahendra Chaudhry, his lawyer has made an application in the High Court yesterday to quash the charges against Chaudhry.

Defence lawyer, Anand Singh said in his submission to Justice Paul Madigan that the amended information made by the Director of the Public Prosecutions is wrong.

He said that the information filed against Chaudhry for breach of Sections 3, 4 and 26 of the Exchange Control Act require in law the approval of the Minister of Finance.

Singh said contrary to the provisions of the three sections of the Exchange Control Act, the particulars of the information set out alleged absence of the approval of the Governor of the Reserve Bank of Fiji, instead of the absence of the approval of the Minister.

Singh said the charge is defective and should be quashed.

He has also called for a fresh trial.

When Judge Madigan asked Singh why this matter was not raised during the trial, Singh replied that the matter was discovered after the trial.

Judge Paul Madigan will rule tomorrow.

Mahendra Chaudhry has been found guilty of all three counts of breaching the Exchange Control Act by Justice Madigan.

Justice Madigan said there is no question that Chaudhry was a resident of Fiji at all relevant times and there is no question that Chaudhry was in control of approximately 1.5 million Australian dollars in Australia and New Zealand.

 
Judge Madigan told Chaudhry that having been aware at least as early as October 2009 of the probability of breach of provisions of the Exchange Control Act, he did nothing to repatriate the funds to an authorised dealer in Fiji.

The judge earlier highlighted that the penalty for such charges ranges from two years imprisonment to fines amounting to three times of the value of the original amount in the offence.

In Chaudhry’s case, it would be 4.5 million Australian dollars.

Chaudhry’s mitigation and sentencing will take place this Thursday.

Story by: Vijay Narayan and Tokasa Rainima