The Fiji Court of Appeal has rejected an application by FICAC to strike out factual affidavits of Appeals Court Judge Justice William Marshall and his wife in relation to FICAC's main application for Justice Marshall to recues himself from the appeal case of former Post Fiji Chairman, Mahendra Patel and Managing Director, Peni Mau.

The Fiji Court of Appeal Judges Justice Salesi Temo, Justice William Marshall and Justice A.L Brito Mutunayagam ruled that in their view the affidavits of Mr and Mrs Marshall relate to factual allegations made against them and the evidence must be considered.

The court also ruled that the appeal hearing, commencing with the recusal application must take place as planned on the 30th of this month.

FICAC has alleged in the judge's recusal application that Justice Marshall shook hands with Mrs Mahendra Patel in April this year at Holiday Inn.

Mau's lawyer, Devinesh Sharma revealed in court today that according to FICAC's allegation Justice Marshall shook hands with Mrs Patel, and this has nothing to do with his client Peni Mau.

Sharma went on to say that the allegation by FICAC that one Kolinio Waqa, who is the Attorney General's bodyguard, saw the two shaking hands but there is no evidence given in the CCTV to prove that Justice Marshall shook hands with Mrs Patel.

Patel and Mau are appealing their conviction and sentence.

Patel is currently facing a 12 month sentence and Mau is facing 9 months after they were found guilty of abuse of office.

 
Story by: Shalvin Deo