Home » Uncategorized » The self exiled Chaudhry also uses abusive language against the judge and accuses him of judicial misconduct

The self exiled Chaudhry also uses abusive language against the judge and accuses him of judicial misconduct

Rajendra Chaudhry accused of maligning the judiciary0

8:40 Sat Apr 12, 2014Self-exiled Rajendra ChaudhryTaken from/By: FacebookReport by: Shanal Sivan

Alleged offensive comments made on social media against the judiciary by Labour Leader Mahendra Chaudhry’s son Rajendra are being studied for possible defamation and contempt of court by the Fijian government.

Self-exiled Rajendra Chaudhry, who left for Australia after getting suspended as a lawyer in Fiji, frequently posts offensive Facebook comments against many Fijians including members of the government. His latest attack is against the judge who presided over his father’s conviction last week.

FBC News came across Rajendra Chaudhry’s recent Facebook post in which the suspended lawyer not only questions Justice Paul Madigan’s independence, but also accuses the judge who convicted his father last week of being bias and making wrong legal decisions. The self exiled Chaudhry also uses abusive language against the judge and accuses him of judicial misconduct.“Criticizing a judge or the judges ability, or the judges integrity in a public way, in a way that the law says is calculated to lower his authority in the minds of the public then you may well have a contempt of court issue on your hands.”There is no maximum jail term for contempt. It’s left to the courts that decide on the sentence.

Attorney General Aiyaz Sayed Khaiyum says they are for the first time studying how to deal with such offences committed on social media sites.“Law regarding proceedings emanating from comments made in social media and has ofcourse developed in recent times, recently. So we are currently studying that, and ofcourse its always the responsibility of the attorney general to ensure that the integrity of the judiciary is not in any way maligned.

”Khaiyum says there has been a recent successful conviction in a similar case in Australia this year. The Sydney Morning Herald reported the case of a NSW school teacher who took a former student to court for defaming her on Facebook and twitter. The court ordered the student to pay $105,000 for defamation.“Whether its contempt or not obviously at the end of the day, that decided by the courts, whether they’ll be a contempt proceedings initiated by this office, we obviously are studying that at the moment, and we’ll see what happens.”There could soon be convictions in Fiji relating to defamation, contempt and slander relating to comments made on social media and it’s now up to the law to decide how to deal with the lawyer who was suspended for professional misconduct for five years. – See more at: http://www.fbc.com.fj/fiji/19113/rajendra-chaudhry-accused-of–maligning-the-judiciary#sthash.iq7DP9Vk.dpuf

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6 thoughts on “The self exiled Chaudhry also uses abusive language against the judge and accuses him of judicial misconduct

  1. Fiji has no freedom of speech. The regime is illegal so is Paul Madigan as per the judgement of the Fiji Court of Appeal regarding the 1997 constitution. So the 2013 constitution is illegal. So Rajen Cahudhry may be right with what he is saying.But where he can go and ask for fair justice!
    I am sure the election will not be fair under the regime and now with the SOE who is closely associated with the regime.

  2. Freedom of speech is when you discuss or comment in a civil manner , the people on this forum are abusive, racist ,and uncivilized, who makes you better that the current regim , you are all bunch of same like those in power. Bad mouthing everyone that comes across RC is a brainless arrogant person with no respect for anyone.

  3. RC is the culprit himself . Now his tasting his own medicine . He is an arrogant bastard thinking tht he can be saved by Aust when making malicious comments . Waraka tagane – Interpol is on you . Face your crime like dad .

  4. Regime is clutching straws here! Simply proves how desperate it is to cordon of dissenting voice. The problem with Fiji’s judiciary is a well known issue. It has been reported on by independent experts who have concluded that it lacks independence! What more proof is needed to testify the detesting status of the court. Over the years we’ve witnessed how judicial appointments have been scandalised. Coupled with this is the highly politicised nature of cases where public figures posing threat to the regime are tried, fined and/or locked away. Even those that speak out against the appalling status of the courts are threatened and laid with charges that merely surface out of the regime’s endeavor to criminalise dissenting commentary! Shall we say more? The operation of the judiciary from the day Bainimarama unlawfully took government has clearly proven (in Fiji’s case this time) how dictatorial regimes operate. Judges and serving court officials might want to prove their distance from central executive authority as show of integrity but it simply doesn’t wash because evidence of collusion has built up! For Fiji in particular it is worrying given that people at the helm of the judiciary are seen to have been party to the illegal takeover. So who is to blame over this pathetic status of the judiciary? Its lack of independence, the questionable sacking of judges, high turnover of officials, polticisation of court proceedings etc are all undesirable events that taint the reputation of the institution. Most importantly who is to blame for the lack of trust that the public has on the courts?? Gagging opposition as the regime is trying to do here doesn’t improve but merely worsens the situation. Lets remind ourselves of what Felix Frankfurter once said: “The Court’s authority – possessed of neither the purse nor the sword – ultimately rests on substantial public confidence in its moral sanctions.” The problem we have over the lack of public trust in Fiji’s courts today is because the judiciary is tied by both the purse and the sword of the Bainikaiyum dictatorship!

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