There is increasing doubt surrounding the decision to grant Mahendralal Patel, also known as Mahendra Motibhai Patel, a Presidential pardon despite his failure to serve his sentence. Patel was charged with Abuse of Office in 2006 and was convicted in absentia on November 20, 2014, receiving a 12-month prison sentence. However, he did not serve time as he was permitted to leave for medical treatment and has not returned since.
Attempts to reach Attorney-General Graham Leung, who chairs the Mercy Commission, for clarification about Patel’s conditional pardon have gone unanswered since Sunday. A follow-up inquiry also received no response by the time of publication.
Fiji Corrections Service (FCS) Commissioner Jalesi Nakarawa confirmed that Patel’s name was absent from the FCS list presented to the Mercy Commission. FCS’s release list, published last Thursday, did not include Patel, yet shortly thereafter, the government’s Facebook page revealed the names of those pardoned, including Patel.
Nakarawa explained that the FCS processes applications submitted by convicted prisoners but was unaware of Patel’s case due to his absence from custody. He expressed confusion over the submission of Patel’s petition to the Mercy Commission, stating his office only handles cases of inmates in their care.
On Thursday, the Mercy Commission disclosed that Patel had initially submitted a petition on April 4, 2023, which was dismissed. However, following a request for reconsideration from Patel’s lawyers on June 13, the Commission reviewed his case, taking into account his age, time away from Fiji, and his contributions to the nation. Consequently, they recommended a conditional pardon, contingent on him not reoffending.
The President acted on the Commission’s recommendation on September 18, 2024, with the Commission affirming that their decisions adhered to constitutional guidelines.