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Presidential Pardon Controversy: The Case of Mahendra Patel

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There is increasing skepticism surrounding the decision to grant Mahendralal Patel, also known as Mahendra Motibhai Patel, a Presidential pardon despite him not serving his sentence.

Patel was convicted in absentia on November 20, 2014, for Abuse of Office, receiving a 12-month prison sentence. However, he did not serve this time as the court permitted him to leave the country for medical treatment, from which he did not return.

Attempts to contact Attorney-General Graham Leung, who chairs the Mercy Commission, for clarification regarding Patel’s conditional pardon have been unsuccessful. A follow-up inquiry made yesterday also went unanswered prior to publication.

Fiji Corrections Service (FCS) Commissioner Jalesi Nakarawa confirmed that Patel’s name was not included in the list submitted to the Mercy Commission. The release list from FCS did not mention Patel, yet shortly after, the Fiji Government’s Facebook page announced his name among those pardoned.

Nakarawa stated that FCS processes petitions submitted by prisoners in custody. He noted that he had no knowledge of Patel’s case since Patel was not under FCS supervision, questioning how Patel’s petition reached the Mercy Commission.

On April 4, 2023, Patel initially submitted a petition to the Mercy Commission, which was denied. However, on June 13, his legal representatives sent a letter requesting reconsideration. The Commission evaluated Patel’s second petition, taking into account his age, the duration of his absence from Fiji, and his contributions to the nation.

Consequently, the Commission recommended a conditional pardon for Patel, which is contingent upon him not committing further offenses. The President acted on this recommendation on September 18, 2024, affirming that the Commission’s decision adhered to constitutional guidelines.

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