There is increasing doubt surrounding the decision to grant Mahendralal Patel, also known as Mahendra Motibhai Patel, a Presidential pardon despite having not served his sentence. Mr. Patel was convicted in absentia in 2014 for Abuse of Office and sentenced to 12 months in prison. However, he did not fulfill his sentence because he was allowed to travel abroad for medical treatment and did not return.
Attempts to reach Attorney-General Graham Leung, who chairs the Mercy Commission, for clarification on the pardon have gone unanswered since Sunday. A follow-up inquiry made yesterday also received no response by the time this article was published.
Fiji Corrections Service (FCS) Commissioner Jalesi Nakarawa confirmed that Mr. Patel’s name was not included in the list of inmates submitted to the Mercy Commission. Last Thursday, the FCS’s release list did not mention Mr. Patel. However, shortly after, the Fiji Government’s Facebook page announced the names of pardoned individuals, including Mr. Patel.
“The FCS handles applications from convicted prisoners. They file their petitions, which we then process and forward to the Mercy Commission,” Mr. Nakarawa explained. “In Patel’s case, we were unaware of any application as he was not in our custody, so I cannot explain how his petition reached the Mercy Commission.”
According to a statement from the Mercy Commission, Mr. Patel initially submitted a petition on April 4, 2023, but it was denied. On June 13, he sought reconsideration through his lawyers. The Commission reviewed his second petition, taking into account his age, the duration of his absence from Fiji, and his significant contributions to the country.
Consequently, the Commission recommended a conditional pardon, on the condition that Mr. Patel does not commit any further offenses. The President acted on this recommendation on September 18, 2024, affirming that the Commission’s decisions were made in compliance with the Constitution.