Supreme Court Quashes Mudaliar Conviction and reveals defect of wannabe pretend CJ Gates ruling

Bloggers, well the Supreme Court Judgment exposes the class of Fiji’s pretender Chief Justice Gates and his kangaroo Fiji Court of Appeal. I suppose this is a preview of how the Supreme Court will treat the Gate’s decision in legalizing the Bainimarama coup. SV salutes the Supreme Court as one of the last bastion of justice in Fiji and we look up to it to right the wrong Gates, Pathick & Byrnes has condemned Fiji to! Keep up the struggle ragone!

Publish date/time: 21/10/2008 [13:05]

The Supreme Court has quashed the conviction of Dr Sachida Mudaliar who was jailed for three years for manslaughter in 2006.

Dr Mudaliar who caused the death of a 22yr old USP student, Poonam Pritika Kumar has also been granted a new trial by the Supreme Court. The Supreme Court ruled that there was a miscarriage of justice by trial judge Justice Anthony Gates and the Fiji Court of Appeal Judges, who failed to adduce fresh evidence from two overseas medical practitioners.

The three Judges Justice Keith Mason, Justice Kenneth Handley and Justice Mark Weinberg said the evidence given by some overseas experts were contradictory. The defence counsel in this case Mudaliars lawyer maintained throughout the trial, that Poonam Pritika Kumar already had a miscarriage before she went to see Dr. Mudaliar.

The three judges in their ruling said that some overseas experts did highlight that there was a possibility that Poonam already had a miscarriage before she went to see Mudaliar and that the High Court and the Appeals court did not fully analyize this part of the evidence while handling the case. They ruled that the conviction on the count of manslaughter be quashed and the sentence set aside. The court also noted that Mudaliar has already served his term.

 
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17 Responses to “Supreme Court Quashes Mudaliar Conviction and reveals defect of wannabe pretend CJ Gates ruling”

  1. Isalei Says:

    Gaytes should be banned from sitting in any further courts in Fiji or anywhere else in the world. He has caused enough miscarriage of justice, can someone check his records in the Judiciary?

  2. LUVfiji Says:

    “Gates quoted Gates to justify Gates” (MF, Oct 2008)

  3. Isalei Says:

    A petition should be circulated to have Gaytes banned from the Judiciary in Fiji in light of damning evidence – Rt Inoke Takiveitaka, Dr Mudaliar and now the infamous judgement of the 3 musketeers.

  4. waisou Says:

    How can we allow this man to sit in one of Fiji’s most important posts….The IG talks about cleaning up the government and yet is blind to this man’s lifestyle…

    As I posted before….how can one man who lives in sin be allowed to judge! Why don’t the Methodist Church and other Christian denominations expose his lifestyle and get him to resign immediately…Check out the postings on RFN about himself.

    He will not be able to think right and straight as he is bent all the way….

    We should put a stop and get him to move out and sent to jail…

    Let us not compromise our stand and allow a faggot to pass judgements!

    We will only be disappointed all over again!

    Isa o Viti!

  5. IslandBoy Says:

    Urgent Digression Please! – Have you all noticed how tough the talk is on Raw Fiji News. They really laid into Annie Rodgers at FTIB and also Gates’ ruling regarding Dr. Muddles.

    I was never sure who was behind it so never posted but read regularly. If it is witten by disgruntled folks up the hill could this be an indication that the honeymoon is truly over?

  6. Mark Manning Says:

  7. Mark Manning Says:

    and the truth shall set you free !

  8. newsfiji Says:

    Island Boy: it’s funny, i’ve just been thinking the same thing as well. It seems like they’ve just really upped their game now and are really zooming in hard!

  9. natewaprince Says:

    No suprise at some of faffy-Gates rulings.If he wants his regular supply of ambidextrous soldiers,then he has to rule the way the pig wants.

  10. Peace Pipe Says:

    How much error is a judge allowed to commit. This puf has committed too many and should have been disbarred. We cannot afford to have an errant judge sitting on very important matters as it will have a very significant impact if ruled erroneously. This puf also seems to be heavily biased towards chodo and co as can be seen by his track records. chodo the strategist must have worked his way through this puf by manipulating the pufs weakness. You see there was a also a case back in 2001 or something where he made a ruling that Prem Singh of the NFP had lost his seat on a recount to the FLP contestant. The recount was a total sham where all invalid votes were counted as valid citing that the voters intent was there in his usual deviant summation which on a tangent to what is stipulated and interpreted in the constitution. The Appeals court criticized and said the judgement was wrong but had not power to overturn it as the final ruling rests with the presiding judge according to the constitution. This puf must be ridded off immediately for the sake of good justice. We can’t afford to have a judge tainted with obnoxious vice and flawed judgement sitting in a very important position.

  11. Isalei Says:

    @ PP full agreement. With another evidence there on the Prem Singh case, the “intent” of the voter was obvious, would that rule all the invalid votes valid then? How bizzarre can one get? This guy is an obnoxious oxymoron, a racist basta**d who should never be allowed to judge others cause of all the excess baggage he carries around.

  12. Isalei Says:

    Yet another case vs Gaytes in today’s Fiji Times:

    Court slashes charges
    Wednesday, October 22, 2008

    THE Supreme Court has dismissed three of the four murder charges against a man who allegedly knifed a family to death.

    Li Jun will now face a new trial on one count of murder only.

    Jun had been earlier freed by the Fiji Court of Appeal, and a new trial was ordered on four counts of murder.

    However, State prosecutions appealed this decision in the Supreme Court and sought special leave to appeal the Court of Appeal’s judgment.

    Supreme Court judges Justices Keith Mason and Kenneth Handley granted the State’s application but subsequently dismissed three of the four counts of murder against Jun.

    They ruled Justice Anthony Gates had not dwelt sufficiently on self-defence.

  13. 46664 Says:

    This guy Gates, what’s his story? What’s up with him? Things are not just adding up right for him.

  14. 46664 Says:

    Anthony Harold Cumberland Thomas Gates is Acting Chief Justice of Fiji.

    He is a graduate of Fitzwilliam College, Cambridge and a barrister of the Inner Temple, London. He had served as a volunteer teacher as a VSO (Voluntary Service Overseas) in Sierra Leone and Sri Lanka. Later he practised at the Bar in London, before taking an appointment at the office of the Director of Public Prosecutions, Fiji in 1977. He became the Deputy DPP in 1981 and a Magistrate in 1985. He was dismissed as a Magistrate in 1987 when he refused to take a fresh oath of allegiance to coup leader Colonel Sitiveni Rabuka, the self made Head of State. He left Fiji to work for the Commonwealth DPP’s Office in Brisbane, Australia. He returned to Fiji in 1993 to take over the practice of a former Leader of the Opposition. He was appointed to the High Court of Fiji in November 1999.

    Justice Gates is best known for his decision in Chandrika Prasad v. Att-Gen of Fiji [2000] 2 FLR 89; Prasad v. Republic of Fiji & Another [2001] 1 LRC 665; [2001] NZAR 21 in which he held that the Constitution of Fiji had not been abrogated by the military intervention in 2000, and that the Constitution continued to be the law of the land. His decision was upheld by Fiji’s Court of Appeal, in February 2001. However the decision which should have led to the restoration of the Parliament suspended by the coup of 2000, was not obeyed by the government of the day, the Government instead choosing to call for elections in 2001.

    Justice Gates is also well-known for his decisions on enforcing freedoms from inhumane treatment for prison inmates (Noa Yasa & Anor v State HAM063A.05S [2005] paclii) and for the treason-related hearings of persons alleged to have been involved in the political events in Fiji of 2000.

    On 17th January 2007, 14 days after the removal of the Chief Justice by the military during the 2006 Fijian coup d’état, the President of Fiji, Ratu Josefa Iloilo appointed Justice Gates Acting Chief Justice. The substantive Chief Justice Daniel Fatiaki, had asked the then President of the Court of Appeal Justice Gordon Ward, to “hold the fort” for the judiciary as a de facto Acting Chief Justice. The President of the Court of Appeal was one of the judicial officers specifically disqualified under the Constitution from acting as Chief Justice. Chief Justice Fatiaki made public statements attacking Justice Gates for taking the position. Previously he had attacked Justice Gates (paclii Rev. Akuila Yabaki v. State) for his decision in Chandrika Prasad v. A-G. He attacked Justice Gates for ruling in that judgment that judges should stay out of the political arena. Effectively, this had been a criticism of Chief Justice Fatiaki’s own role in advising the usurping executive during the 2000 coup

  15. 46664 Says:

    I guess education increases cleverness and “not” necessarily goodness.

  16. Ima Says:

    An expat who’s grown roots in here and thinks he can give rulings to which ever way that tickles his fancy…please someone send him packing to where he appeared from!!

  17. waisou Says:

    Isn’t he ashamed of all these judgements being overturned!

    Can he still hold his head up high and walk around town!

    Only in Fiji!

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