The Supreme Court of Fiji has split a $500,000 fine imposed on the former chairman of the Electoral Commission and lawyer, Suresh Chandra, into a fine and compensation payout.
The fine is now $100,000 and $400,000 will be used to compensate clients who lost their monies from Chandra’s law firm.
Judge of the Supreme Court, Justice Brian Keith, made the ruling on April 30.
The Independent Legal Services Commission found Chandra guilty on five charges of professional misconduct and ordered the $500,000 fine, that his name be removed from the Roll of Legal Practitioners, and that his law firm M C Lawyers cease to practice or engage in legal practice with immediate effect. An appeal to the Court of Appeal against both the findings of guilt and the sanctions imposed was dismissed.
“When it came to determining what the severe sanction which the case called for should be, the commission noted that Chandra had consistently failed to accept responsibility for his failure to supervise the management of the trust account to the required standard,” said the Supreme Court judges.
“The commission referred to what it described as Mr Chandra’s ‘persistent attempt[s]’ to shift the blame for what happened to others.
“It was only after the charges had been found proved that Mr Chandra belatedly accepted that he could have acted with greater diligence in his supervision.
“All in all, the commission concluded that the ultimate sanction of striking off was both ‘appropriate and necessary … to protect the public confidence in the legal profession’.
“In my opinion, we should respect the commission’s view that the appropriate sum which Mr Chandra should have to pay was $500,000, but in requiring such a payment to be made, I think that we should reflect the commission’s wish that the money be used to compensate Mr Chandra’s clients.
“For my part, I would set aside the fine of $500.000, but I would substitute for it for a fine of $100,000 and an order of compensation in the sum of $400,000.”
