Judge orders retrial for money laundering case

High court judge Justice Paul Madigan allowed an appeal by the State against a woman who was acquitted by the Nadi Magistrates Court last year after denying the State's application for adjournment.

Shirley Chand on the 27th of February 2009 was charged with 11 counts of money laundering and first appeared in court on 23rd November, 2009 when the trial got underway.

Chand pleaded not guilty to the charges.

The trial was adjourned twice before it resumed on the 30th of November, where the court heard that the senior state counsel, asked for a further adjournment to February 2010, however the defense counsel insisted for an earlier date to be set.

On the 21st of December the court heard that the senior state counsel was not in a position to proceed and made an application to have the matter adjourned, to which the defense opposed the application doubting the truth of the state.

The Magistrate refused the adjournment.

However the state not having any witnesses had to concede that there was insufficient evidence and the Magistrate acquitted Chand.

The State in its appeal stated that the Magistrate erred in fact and law in light of the case being of extreme public interest and importance and that the acquittal is an affront to justice.

High Court Judge Justice Paul Madigan in his ruling stated that money laundering is a very corrupting offence and goes to the heart of any commercial transaction and is highly destructive of the legitimate financial network of the nation's economy.

He stated that it would be a great injustice to the state to prevent them calling their evidence in trial merely because the Magistrate perceived that State Counsel were as he said "dragging the matter on", as the record did not reflect this finding.

Justice Madigan allowed the appeal and ordered that the acquittal be quashed and the case be redirected to the Magistrates court for trial.

The case will be recalled on the 26th of this month.


Story by: Ana Naisoro and Tokasa Rainima