Questions are rising regarding the decision to grant a Presidential pardon to Mahendralal Patel, also known as Mahendra Motibhai Patel, who has not served his prison sentence. Patel was convicted in absentia for Abuse of Office in 2006 and was sentenced to 12 months imprisonment on November 20, 2014. He did not serve his sentence, having been allowed to travel abroad for medical treatment, from which he did not return.
Attempts to reach Attorney-General Graham Leung, who chairs the Mercy Commission and has remained silent since Sunday, have been unsuccessful. A follow-up inquiry was made, but there has still been no response.
Fiji Corrections Service (FCS) Commissioner Jalesi Nakarawa noted that Patel’s name was not included in the FCS list submitted to the Mercy Commission. Although FCS released its list without including Patel, the Fijian Government’s Facebook page shortly afterward listed Patel as one of those pardoned.
Nakarawa explained that the FCS deals with applications from convicted prisoners. He expressed confusion over Patel’s case, stating that since Patel was not in custody, the FCS had no knowledge of his petition being submitted to the Mercy Commission.
According to a statement from the Mercy Commission, Patel had submitted a petition on April 4, 2023, which was initially dismissed. However, on June 13, 2023, the Commission received a request for reconsideration from Patel’s lawyers. After reviewing his second petition and considering various factors such as his age, the time spent abroad, and his contributions to the nation, the Commission recommended a conditional pardon for him, provided he does not reoffend. This recommendation was acted upon by the President on September 18, 2024, in accordance with the Constitution. The Commission confirmed that their decisions aligned with constitutional guidelines.