The Independent Legal Services Commission (ILSC) has found lawyer Rajendra Chaudhry, based in New Zealand, guilty of professional misconduct due to derogatory comments made on Facebook about three judges of the Fiji Court of Appeal. This ruling was made by Commissioner Justice Daniel Goundar in a detailed 29-page decision released in Suva.
The allegations against Chaudhry stemmed from a Facebook post dated March 9, 2018, in which he referred to the judges as “lackeys of the regime” in the context of a legal case involving his former partner, Anand Singh. Justice Goundar emphasized that Chaudhry’s language crossed the boundaries of acceptable criticism, describing comments such as “these judges have no clue what they are talking about” as not only unreasoned but also incendiary attacks on the judges’ competence.
The ruling asserts that Chaudhry’s post unjustly disparaged the Fiji Judiciary and undermined the integrity of judicial appointments that followed the 2009 constitutional changes. While the commissioner acknowledged that Chaudhry’s concerns about judicial independence were noted, they did not excuse the personal nature of his comments.
In upholding the standards of professional conduct, the ruling highlighted the necessity for lawyers to uphold respect for the judiciary, as stipulated under Rule 3.2(i) of the Rules of Professional Conduct and Practice. Justice Goundar reinforced the idea that discussions regarding judicial matters should occur through appropriate channels and reasoned dialogue rather than through social media attacks.
The case will now proceed to the penalties phase, with both parties expected to submit their arguments regarding mitigation and sanctions within the next 14 days. This case serves as a poignant reminder of the responsibilities lawyers have in maintaining professional decorum, particularly in public discussions surrounding the legal system.
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