The Independent Legal Services Commission (ILSC) has found New Zealand-based lawyer Rajendra Chaudhry guilty of professional misconduct by posting comments on Facebook that unfairly denigrated three Fiji Court of Appeal judges.
Justice Daniel Goundar, Commissioner of the ILSC, made the finding in a 29-page ruling in Suva yesterday. The charges arose from a March 9, 2018, Facebook post in which Mr Chaudhry, the son of Fiji Labour Party leader Mahendra Chaudhry, described the judges as “lackeys of the regime” in connection with a case involving his former partner Anand Singh.
Justice Goundar said the language used crossed the line from permissible criticism into personal attacks, stating that phrases such as “these judges have no clue what they are talking about” were not reasoned legal commentary but intemperate assertions of incompetence. He noted that the post was inflammatory, employing multiple exclamation marks and rhetorical questions designed to ridicule, rather than illuminate, the judiciary.
“The post unfairly denigrated the Fiji Judiciary in attacking the legitimacy of judicial appointments following the 2009 constitutional changes,” Justice Goundar stated. He added that while Mr Chaudhry may have had concerns about judicial independence, these did not justify the personal attacks.
The ruling affirmed that lawyers must maintain courtesy toward the court at all times, in line with Rule 3.2(i) of the Rules of Professional Conduct and Practice, and that public discourse on judicial matters should occur through reasoned commentary and proper institutional channels — not social media denigration.
The case now moves to the penalties phase, with both parties directed to file submissions on mitigation and sanction within 14 days.
