As the former Post Fiji Limited Chairman Mahendra Patel and former Managing Director Peni Mau start serving their prison sentences from yesterday, High Court Judge Justice Daniel Goundar has stated that the charges they faced justify prison sentences.

Patel has been sentenced to 12 months imprisonment while Mau has been sentenced to 9 months imprisonment.

While sentencing the two men yesterday, Justice Goundar said Patel’s age and health condition do not constitute exceptional circumstances to justify suspending the sentence.

The judge said both Mau and Patel express no remorse.

Justice Goundar said Mau’s written mitigation makes a reference that he apologizes if his actions have caused loss or prejudice to Post Fiji Limited.

However the judge said it is evident from the other parts of his written mitigation that he is not accepting the findings made against him that he acted despotically with improper motive, causing prejudice to Post Fiji.

He said a total absence of remorse even after finding of guilt is another factor that operates against suspending of sentences.

Justice Goundar said those who hold high public office must realize that the institutional procedures exist for good reasons and those who blatantly disregard these procedures at their whims must be deterred.

The presiding judge said that those who misuse their public office must receive punishment to reflect the society’s disapproval of the conduct.

He further stated that he considered Patel to be more culpable than Mau as Patel financially gained, although the amount of profit is relatively small.
 
Mau has been convicted for approving the purchase of an external Seiko clock for $75,000 from Prouds Fiji without following proper procedures and without the approval of the Post Fiji board.

Patel is convicted for allowing the purchase of the Seiko clock from Prouds, a company owned by him and failing to disclose his interest and relationship with the company.

Following the sentencing, Mau’s defence lawyer Devinesh Sharma and Patel’s defence counsel Hamendra Nagin applied for bail pending appeal.

However Justice Goundar told the lawyers that he cannot grant them bail because the defence have to appeal first and the Appeals Court has to listen to their submission on the grounds for bail.

Sharma who has also made applications for the recusal of the judge and a retrial said in court that architect and FICAC witness Adish Naidu was negotiating with Motibhai on the clock on his own accord and there is no evidence that his client Peni Mau was involved in the discussions.

Sharma said that the judge has convicted Mau but according to the constitution there is a statutory protection for a fair trial.

He said that he is appealing the conviction and sentence within the next few days.

Sharma’s application for the recusal of the judge and a retrial will be heard by Justice Goundar at 10.30am today.


Story by: Vijay Narayan