Former Post Fiji Chairman, Mahendra Patel and former Managing Director, Peni Mau have both been found guilty of abuse of office by High Court Judge, Justice Daniel Goundar this afternoon.

Justice Goundar overturned the three assessors not guilty verdict in relation to Mahendra Patel and also concurred with the two assessors guilty verdict in relation to Peni Mau.

He said in court that he had adjourned overnight to consider his decision.

Justice Goundar said that he has regarded the opinion of the assessors but he is not bound by it.

The Presiding Judge said he made the decision because he directs himself in accordance with the law.

While handing down his ruling, Justice Goundar said it is not in dispute that Post Fiji Limited purchased an external Seiko clock for $75,000 from Motibhai and Company Limited.

The Judge said that he feels sure that Mau acted despotically by not calling tenders for the purchase of the clock.

He also said that Mau denied any knowledge of the existence of the Manual that contained the tender procedures.

But evidence from one of the witnesses showed that Mau himself issued a circular to all the staff to understand the Manual.

Justice Goundar then said that he finds the denial of knowledge of the Manual was a deliberate lie.

The Judge also said that he feels sure that Mahendra Patel was motivated by corporate greed to increase his personal wealth by authorizing the purchase of the clock from Motibhai.

He also said that he feels sure that Patel personally gained from the transaction between Post Fiji and Motibhai.

He said it is irrelevant that Post Fiji received a quality clock or had not lost anything from the transaction.

Judge Goundar said the issue is whether Patel benefitted from the transaction by putting the interests of Post Fiji at a disadvantage.

The two defence lawyers then mitigated on behalf of their clients.

Mau's lawyer, Devinesh Sharma said his client is 63 years old, unemployed, and has children and grandchildren who depend on him.

Sharma asked the court not to give Mau a custodial sentence and if he can be given a community work sentence.

He also said that to forgive is divine and if Mau can be given another chance.

Mahendra Patel's lawyer, Hamendra Nagin said that Patel did not hide anything because his position is a well known fact in the country.

He also said that Patel is 71 years old and lives with his wife in Nadi.

Nagin also told the court that Patel is a diabetic patient and normally travels abroad for medical treatment.

He asked the court if a non-custodial sentence can be handed down to Patel.

Patel and Mau have been told to surrender their passports and their names to be placed on the non-departure list.

They have been released on bail and will appear for sentencing at 10am on Thursday.


Story by: Vijay Narayan, Tokasa Rainima and Ronal Deo