High Court Judge, Justice Daniel Gounder has ruled today that former Post Fiji Chairman, Mahendra Patel and former Managing Director, Peni Mau have a case to answer in relation to their alleged abuse of office trial.
Justice Gounder has ruled that there is sufficient evidence and both Patel and Mau have a case to answer.
We have received confirmation that Peni Mau will take the stand at 2.30pm today.
This has been confirmed by Mau's lawyer, Devinesh Sharma.
Mahendra Patel's lawyer, Hamendra Nagin confirmed that Patel will also take the stand after Mau.
Mahendra Patel and Peni Mau are both charged with one count each of abuse of office.
It is alleged that Mau approved 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 alleged to have allowed the purchase of the Seiko Clock from Prouds, a company owned by him and allegedly failed to disclose his interest and relationship with the company.
While delivering the ruling, Judge Gounder said that the offence of abuse of office requires proof of four elements which are, that the accused was employed in the Public Service, that he did an arbitrary act, that the act was in abuse of the authority of his office and that the act was prejudicial to the rights of another.
He said Mau is disputing all the four elements of the offence while Patel is disputing three.
Mau's lawyer, Devinesh Sharma has submitted that Peni Mau is not a person employed in the public service as he was appointed by the board of directors of Post Fiji, not by the Minister.
Justice Gounder said in his provisional judgement, the term "office" as contained in the Penal Code refers to the entity in which the person holds a position to provide a service.
He said, in the context of the present case, the office is Post Fiji Limited.
The Judge said there is some evidence for the assessor’s consideration that Mau was a person employed in the public service.
The Judge also said that the basic facts are not in dispute and that Post Fiji paid Motibhai $75,000 for the Seiko clock, without a tender process.
He said it is not necessary to prove that Mahendra Patel had substantial financial interest in the company from which the clock was purchased.
Justice Gounder said it is sufficient to show that Patel had some financial interest in the company that Post Fiji paid $75,000.
The Judge also highlights that there is evidence from FICAC witness, Lute Powell that when she questioned the decision to purchase the Seiko clock from Motibhai in a board meeting, Patel offered an explanation.
However according to the evidence, the explanation was not minuted by the Secretary despite a request from Powell that it be minuted.
The case resumes at 2.30pm.
Story by: Vijay Narayan and Ronal Deo
