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Court dismisses application

Shalveen Chand
Tuesday, April 01, 2014

A FOURTH recusal application by lawyers for former prime minister Mahendra Chaudhry was dismissed by the High Court in Suva yesterday.

The counsel for the accused, Peter Bodor, made the application for Justice Paul Madigan to recuse himself from the case.

According to Mr Bodor, the application was made on the ground that Justice Madigan, in his prior ruling on another application, had made findings of facts.

Mr Bodor said such findings could not be made without viewing the evidence during trial.

He said such findings indicated that Justice Madigan had committed himself to a conclusion before the start of the trial.

State prosecutor Clive Grossman said this was a fourth application of such kind asking for the recusal of the judge.

He said the first one was made before Justice Daniel Goundar and the other two before Justice Madigan himself.

Mr Grossman said the application was an abuse of process and should therefore be dismissed.

Justice Madigan adjourned the court for 45 minutes to deliver his ruling on the application, which subsequently was dismissed.

Mr Chaudhry is charged with three counts of violating the Exchange Control Act. The trial proper was to have started yesterday morning.

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