Application made to quash charges against Chaudhry

Application made to quash charges against Chaudhry

By fijivillage.com
Tuesday 29/04/2014

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

FEATURE NEWS
We can’t continue to protect industries with high import duties while companies charge unreasonable prices – Prof. Prasad
As the cost of living remains a pressing issue for many people with inflation around 4.5 percent, Acting Prime Minister and Minister for Finance, Prof...
4 hours ago
LATEST NEWS
Shobna Chanel dance group starts their journey today at International Dance and Music Festival
Fiji’s well-known dance group, Shobna Chanel has officially started their journey today to the International Dance and Music Festival. While ...
2 hours ago

FICAC witnesses can only be recalled if Malimali steps aside – Mason
The Commission of Inquiry into Barbara Malimali’s appointment as FICAC Commissioner cannot recall key witnesses unless Malimali steps aside and ...
2 hours ago

Kishore Kumar trial to continue on April 16th
Former teacher, Kishore Kumar’s trial will continue on the 16th and 17th of April as he earlier absconded bail and breached his bail ...
3 hours ago

4 police officers sent home after alleged involvement in drugs – Tudravu
Four police officers have been sent home after alleged involvement in drugs and people need to trust the system. Police Commissioner Rusiate ...
3 hours ago

Journalists urged to investigate and raise awareness on HIV crisis
As HIV becomes an increasing concern in our country with over 1,000 cases recorded in the first nine months of last year, the Ministry of Health is ...
3 hours ago



fijivillage Straight Talk with Vijay Narayan
Latest Videos

Stay tuned for the latest news on our radio stations

CFL radio frequencies
yb
IN DEPTH
World Radio Day
Radio remains one of the best mediums for news and information for a number of reasons and in situations such as natural disasters and political ...
6 days ago

Health Minister Dr Lalabalavu on fijivillage Straight Talk with Vijay Narayan
Health Minister, Doctor Ratu Atonio Lalabalavu on fijivillage Straight Talk With Vijay ...
14 days ago

PM Rabuka on fijivillage Straight Talk With Vijay Narayan
Prime Minister, Sitiveni Rabuka on fijivillage Straight Talk With Vijay Narayan. The in-depth interview will focus on many issues facing the ...
18 days ago

TOP