Mau’s lawyer files application for retrial

As High Court Judge Justice Daniel Goundar gets ready to sentence Mahendra Patel and Peni Mau this morning, it has been confirmed that Mau’s lawyer Devinesh Sharma has filed certain applications in court today.

FICAC confirmed that Sharma has filed an application for a retrial and another application for the presiding judge to recuse himself from the case.

FICAC is currently studying the papers and its lawyer is expected to respond to the applications in court this morning.

On to the details of Judge Goundar’s ruling yesterday.

Justice Goundar accepted the FICAC witness statements of architect Adish Naidu and former Post Fiji board members Lute Powell and Joseva Kamikamica as credible in the trial.

While delivering the ruling in which the Judge found the two men guilty Justice Goundar accepted Naidu’s evidence that Patel expressed a desire to supply the external Seiko clock to Post Fiji and that he directed Naidu to one Bhupendra Patel of Motibhai and Company.

The presiding judge has also stated that Mahendra Patel’s evidence that he only came to know that the clock had been purchased from Motibhai in June 2003 is implausible.

Justice Goundar said he accepts the evidence of Powell that she was made to feel powerless when she questioned Patel about the clock in a board meeting.

He said Powell’s question and Patel’s response were not recorded in the minutes although she had requested that the issue raised by her be recorded.
 
The Judge said he also accepted the evidence of Kamikamica that Patel told him that the clock was a gift.

Justice Goundar said he finds this to be a deliberate lie by Patel to suppress the truth.

He said he feels sure that Patel directed the purchase of the clock for Post Fiji from Motibhai.

Justice Goundar said Adish Naidu may have gained from the purchase by calculating a fee on $75,000 but on Patel’s own admission in court, Motibhai also made a profit of $1,600.

The judge stated that the issue is not how much profit was made but that Patel intended to make profit at the expense of Post Fiji. 

Patel and Mau will be sentenced at 10am this morning.


Story by: Vijay Narayan