Chaudhry has a case to answer

Former Prime Minister Mahendra Chaudhry's trial will go ahead as High Court Judge Justice Paul Madigan has ruled that there is a case to answer.

Chaudhry's lawyer, Queens Counsel Peter Bodor had made a no case to answer application yesterday after the prosecution called in the Reserve Bank of Fiji Board Secretary Subrina Hanif as the only witness.

Hanif said in court that Mahendra Chaudhry had not written to the Reserve Bank of Fiji to seek an approval to open a bank account overseas.

Prosecution QC Clive Grossman asked Hanif to explain what a Fiji resident should do if they want to open an overseas bank account.

Hanif said that they need to write to RBF and seek an approval.

Chaudhry is facing three counts of breaching the Exchange Control Act and his lawyer will present their case today.

Fijivillage has been told that Chaudhry's counsel will not call any witnesses.

Chaudhry pleaded not guilty to all the charges yesterday.

The first count against Chaudhry is in relation to failure to surrender foreign currency, where it is alleged that Mahendra Chaudhry between November 2000 and July 2010 retained the sum of 1.5 million Australian dollars for his own benefit without the consent of the Governor of the Reserve Bank of Fiji.

The second count is in relation to dealing in foreign currency without permission.

The third count relates to Chaudhry having the right to receive a sum of $1.5 million Australian dollars from the financial institutions in Australia and New Zealand, caused the delay of payment of the sum, in whole or in part, to himself by authorizing the continual investment of the sum together with interest acquired back into financial institutions without the permission of the Governor of the Reserve Bank of Fiji.

Prosecution Queens Counsel, Clive Grossman told the assessors that charges against Chaudhry come under the Exchange Control Act.

He said that in summary, Chaudhry had money in Australia and he was bound by law to bring it back but he lent it to various banks there.        
The different accounts that were used to deposit the money or to re-invest the funds was presented in the evidence in court.

This included Chaudhry's accounts in Commonwealth Bank Australia, Commonwealth Managed Investments Limited Australia, ANZ New Zealand, the Perpetual Investment Management Limited Australia and Colonial First State Investments Limited Australia.

The court heard that Chaudhry received sums totaling over $1.5 million Australian dollars in the form of donations from people in India to assist Chaudhry and his family to leave Fiji following the political upheaval here in May 2000 and to establish residence in Australia.

Story by: Vijay Narayan and Praneeta Prakash