There is increasing concern regarding the decision to grant Mahendralal Patel, also known as Mahendra Motibhai Patel, a Presidential pardon despite his failure to serve a conviction. Patel was charged with Abuse of Office in 2006 and was convicted in absentia on November 20, 2014, resulting in a 12-month prison sentence.
However, he did not fulfill his sentence as the court allowed him to leave for medical treatment abroad, and he did not return. Efforts to reach Attorney-General Graham Leung, who chairs the Mercy Commission, for clarification on the pardon have been unsuccessful since Sunday. A follow-up inquiry yielded no response by the time this article was prepared.
Fiji Corrections Service (FCS) Commissioner Jalesi Nakarawa confirmed that Patel’s name was not included in the list submitted to the Mercy Commission, and a recent FCS release list also did not mention him. Interestingly, shortly after the release, the Fiji Government’s Facebook page announced Patel as one of those pardoned.
Nakarawa stated, “FCS facilitates applications submitted by convicted prisoners. They submit their petitions, and we process them and submit them to the Mercy Commission. For Patel, we didn’t know anything about it. His name was not on our list because he was not in our custody. I have no idea how his petition reached the Mercy Commission; I only handle cases of convicted prisoners under our care.”
The Mercy Commission released a statement indicating that Patel had filed a petition on April 4, 2023, which was initially dismissed. However, on June 13, the Commission received a request for reconsideration of Patel’s petition from his lawyers. After deliberation, taking into account his age, the duration of his absence from Fiji, and his contributions to the nation, the Commission recommended a conditional pardon for Patel, provided he does not reoffend. The President acted on this recommendation on September 18, 2024, and the Commission confirmed that its decision complied with the Constitution.