THE High Court in Suva has dismissed two applications made by Fiji Labour Party leader Mahendra Pal Chaudhry's lawyer Anand Singh.
Mr Singh made the application before High Court judge Justice Paul Madigan for bail variation in Mr Chaudhry's bail terms which states that he made no attempt in accessing the funds held in four banks in Australia, pending his trial.
Justice Madigan dismissed the applicant's submission saying on this point, it had no merit and it failed.
"The monies held in Australian banks are obviously the subject matter of the offences that the applicant faces under the exchange control act," he said.
"If the money wasn't here, there would be no charges and to that extent, the money must be evidence.
"The applicant submits the court cannot make preemptory orders on those allegations as no evidence has been led in court to show that the alleged funds violate exchange control laws".
Justice Madigan said it was not the matter of pre-judging the issues but that the money was the subject matter of a trial.
"The very reason that we are having a trial is to determine whether the alleged funds violate exchange control laws.
"It is not for this court at this stage to make a finding on or even express an opinion on whether those funds might be held in violation of the laws, but the funds must be kept intact pending determination of the matter by trial."
Mr Singh also made an application by way of notice of motion with an affidavit requesting a court order to be served on the DPP to release correspondence between the DPP and the RBF.
Mr Singh asked for a letter that was sent to the DPP from Siwatibau Sloan — the solicitors of the RBF dated January 19, 2010, three letters from the DPP to Siwatibau Sloan dated February 16, April 19 and May 10 in 2010, and the last letter was from the DPP to Sada Reddy on May 17, 2010.
In dismissing the application, Justice Madigan said: "The applicant provides no reason why he needs these documents for his trial, nor does he state what prejudice he would suffer if he not be given access to them".
Justice Madigan said the letters were personal correspondence between the DPP and the RBF.