High Court Judge, Justice Daniel Goundar said there is evidence available in the Mahendra Patel and Peni Mau alleged abuse of office trial that architect, Adish Naidu met Mahendra Patel about the supply of the Seiko clock for the Post Fiji building.
While making his ruling that Patel and Mau have a case to answer, Justice Goundar said according to Naidu, Patel wanted to supply the clock.
The judge said according to the evidence Patel also directed Naidu to contact one Bhupendra Patel at Motibhai.
Justice Goundar noted that after these discussions, Naidu facilitated the supply of the clock from Motibhai.
Subsequently, a Seiko clock was supplied and installed by a company in which Patel had financial interest.
The judge said there is evidence also available from the procurement officer, Narara that the rights of Post Fiji to follow it's procurement rules and procedures and not to be exposed to criticism was prejudiced when the clock was purchased for $75,000 without the tender process, from a company in which Patel had financial interest.
Justice Goundar said the evidence led by the prosecution is that when Adish Naidu proposed the installment of an exterior clock at the Post Fiji building, Peni Mau informed Naidu that Patel wanted to supply the clock.
The judge said what was said to Naidu by Mau about the supply of the clock is admissible only against Mau.
He said if the evidence is accepted by the assessors, it is evidence available to show Mau's knowledge and intention to procure the clock from a company in which the Chairman of Post Fiji had financial interest.
Justice Goundar highlights that Mau's lawyer, Devinesh Sharma appears to suggest that it was Adish Naidu who authorized Post Fiji Limited to issue the purchase order to Motibhai.
The judge said the evidence is that Naidu was a private architect engaged by Post Fiji after his tender for renovation of the General Post Office was successful.
He said according to the evidence, Naidu did not have the capacity to direct issuance of a purchase order in a government owned commercial company.
The evidence revealed that the purchase order was issued by the procurement office after approval was given by Peni Mau.
Justice Goundar also said that when questioned under caution about the tender procedures, Mau claimed to be unaware of the existence of the procedures.
The judge said there is evidence available from the employees of Post Fiji Limited that Mau was aware of the existing tender procedures when he approved the purchase of the clock from Motibhai and that Mau's statement denying knowledge of the existence of such procedures could be construed as a lie for the assessors to consider after appropriate directions on the law.
Meanwhile Mau took the stand yesterday afternoon.
He takes the stand again at 2.15pm today.
Story by: Vijay Narayan
