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This profile was last updated on 5/8/12  and contains information from public web pages.

Judge Justice Paul Madigan

Wrong Judge Justice Paul Madigan?

Head

Fiji Intelligence Service Metuisela Mua
 
Background

Employment History

  • Judge
40 Total References
Web References
High Court Judge Justice Paul ...
www.fijivillage.com, 8 May 2012 [cached]
High Court Judge Justice Paul Madigan while handing down the prison sentence to the 8 men last Friday stated that in the circumstances, he has no doubt that the plot was hatched by, orchestrated by and directed by Ballu Khan, probably in concert with his business partner, Ratu Inoke Takiveikata.
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Lawyer Iqbal Khan told Fijivillage that they will definitely appeal the sentences handed down by High Court Judge Justice Paul Madigan after looking through the case proceedings and consulting his clients.
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Justice Madigan started the prison sentences for all eight men at 6 years and increased or reduced their sentences based on their degree of participation.
Naitasiri chief Ratu Inoke Takiveikata has been sentenced to 7 years imprisonment.
Justice Madigan said that he was convinced that Ratu Inoke was one of the prime motivators with Ballu Khan to plan the conspiracy.
Sivaniolo Naulago has also been sentenced to 7 years imprisonment by Justice Madigan.
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Barbados Mills will spend the next 6 and a half years behind bars as Judge Madigan said Mills was instrumental in the conspiracy.
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The eight men convicted of conspiring to murder Prime Minister Commodore Voreqe Bainimarama have been handed down prison sentences by High Court Judge Justice Paul Madigan this afternoon.
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Justice Madigan started the prison sentences for all eight men at 6 years and increased or reduced their sentences based on their degree of participation.
Naitasiri chief Ratu Inoke Takiveikata has been sentenced to 7 years imprisonment.
Justice Madigan said the court cannot take into account Ratu Inoke's chiefly status as this is not recognised in court.
He said everyone who sits in the dock of the court sits there as an equal with all others before the law and it would be wrong to show him mercy because of Ratu Inoke's position.
The judge said and Fijivillage quotes "On the contrary, Ratu Inoke someone of your status should be using your position to bring stability and progress to the country".
Justice Madigan then said that he is convinced that Ratu Inoke was one of the prime motivators with Ballu Khan to plan the conspiracy.
The High Court Judge said if the plan had succeeded, it would have brought misery to every person in this country.
He said the fact that Ratu Inoke had provided his house, farm and the Naitasiri Provincial building, he had a motive in weakening the military and bringing instability and havoc to the country.
However, Justice Madigan said the court does accept that there are genuine mitigating factors to Ratu Inoke's advantage (including time spent in custody) and to reflect these, 12 months is deducted from the 6 year starting point.
The serious aggravating features he mentioned lead him to add 2 years to that sentence, making a total sentence for Ratu Inoke to serve of 7 years.
Sivaniolo Naulago has also been sentenced to 7 years imprisonment by Justice Madigan.
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Barbados Mills will spend the next 6 and a half years behind bars as Judge Madigan said Mills was instrumental in the conspiracy.
He said Mills was the man that used to arrange transport, payments, meetings and training.
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Judge Madigan said Vosavere's role was minimal but he attended a meeting at the Suva foreshore with Mills and Corporal Peniasi Kuli where he agreed to be part of the plot with other conspirators.
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Judge Madigan described Mua as the mystery man with no connections to Ballu Khan but he was present at one meeting and urged the conspirators to fight until the end and his role was minimal.
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Justice Madigan said he has no hesitation in concluding that the plot was selfish, petulant, and arrogant and potentially highly destructive of the fabric of Fiji's statehood.
He said by its very nature, a sentence for conspiracy charge cannot favor or disfavor any particular conspirator, they are in it together and will be punished together.
Justice Madigan said the court can nevertheless make adjustments to the sentences to reflect the roles of the ringleaders, organisers or "foot soldiers".
Hours remain for sentencing of 8 men - March 05[Top]
In less than four hours, the eight men convicted of the charge of conspiracy to murder Prime Minister Commodore Voreqe Bainimarama will be sentenced by High Court Judge Justice Paul Madigan at the Suva High Court.
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After the mitigation yesterday, Justice Madigan stressed that he will seriously consider the degree of participation of each of the eight men when considering the appropriate sentences to be handed down.
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Toganivalu stressed to Judge Madigan that the sentences must be a deterrent to the eight men and to others who may be thinking of committing such an act.
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It's D-Day for the 8 men convicted of conspiracy to murder Prime Minister Commodore Voreqe Bainimarama as High Court Judge Justice Paul Madigan will sentence them at 3:30pm today.
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After the mitigation yesterday, Justice Madigan stressed that he will seriously consider the degree of participation of each of the 8 men when considering the appropriate sentences to be handed down.
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Toganivalu stressed to Judge Madigan that the sentences must be a deterrent to the 8 men and to others who may be thinking of committing such an act.
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Meanwhile, Justice Madigan stated in court yesterday that it is profoundly sad that Sivaniolo Naulago has now lost everything after being found guilty of conspiracy to murder the Prime Minister.
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Judge Madigan also stated during questions with the defence counsels that it would have been chaos for Fiji if the plan had been carried out.
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After considering all the mitigating factors, the character references and submissions from all counsels, Justice Madigan will sentence the 8 men at 3:30 this afternoon.
All 8 men plead for non-custodial sentences - March 04[Top]
High Court Judge Justice Paul Madigan will hand down his sentence to the eight men convicted of conspiracy to murder Prime Minister Commodore Voreqe Bainimarama at 3:30pm tomorrow.
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Justice Madigan made this announcement in court in the last hour after the mitigation for the eight men came to an end.
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Defence counsel Iqbal Khan also stressed to High Court Judge Justice Paul Madigan to treat his clients Barbados Mills and Feoko Gadekibau convicted of conspiracy to murder as first offenders under the penal code, despite the two being convicted to five years imprisonment by the general court martial on mutiny charges.
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Defence counsel Iqbal Khan has stressed to High Court Judge Justice Paul Madigan to treat his clients Barbados Mills and Feoko Gadekibau convicted of conspiracy to murder as first offenders under the penal code, despite the two being convicted to five years imprisonment by the general court martial on mutiny charges.
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In relation to the former head of the Fiji Intelligence Service Metuisela Mua, Khan asked Justice Madigan to consider his client's wish to spend the remainder of his life with his wife who is sickly and needs medical care overseas.
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Khan's name was mentioned a number of times in the evidence presented in court which was also highlighted by High Court Judge Justice Paul Madigan during his sum up yesterday.
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Justice Madigan said to the assessors that details of the meeting between Khan and Narawa were withheld from them because Khan is not here to challenge anything Major Narawa might say about that conversation.
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In his ruling yesterday, Justice Madigan said that Ratu Inoke Takiveikata, Feoko Gadekibau, Barbados Mills, Sivaniolo Naulago, Metuisela Mua, Eparama Waqatairewa, Kaminieli Vosavere and Pauliasi Namulo have each been found guilty by the unanimous opinion of the five assessors.
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High Court Judge Justice Paul Madigan ruled a few minutes ago that he has also found the eight men guilty beyond reasonable doubt.
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In his sum up, Justice Madigan reminded the assessors to put aside their political opinions and take into consideration the evidence presented in the trial.
Justice Madigan also said that considering the fact that the case involves the Prime Minister, they should not listen to other opinions that could be made by their friends or the media outside the courtroom and should just assess the evidence presented in the trial.
He also said that the defence counsels had highlighted that mobile records were not presented as evidence adding that the assessors should not speculate as to what the records could and would have contained, but just to stick to what was presented in court.
Justice Madigan also told the assessors that the charge of Conspiracy to Murder does not actually have to involve whether the plan was completed, as it only tak
Presiding judge Justice Paul ...
www.fijivillage.com, 8 Dec 2013 [cached]
Presiding judge Justice Paul Madigan rejected the opinion of the three assessors earlier this afternoon and found 53-year-old Driti guilty of inciting to mutiny.
Driti is remanded in custody and he will return to court on the 10th of next month for mitigation and sentencing.
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Justice Madigan said the request was to get information to discredit the Attorney General and to "bring him down".
He said that this coupled with the stated perception of Tagicakibau that whatever had been said by Driti as to removal or elimination, Tagicakibau had the impression that the Attorney General's life was to be taken.
Justice Madigan then stated that he finds that he does not believe Pita Driti's evidence.
He said that Driti was evasive, divertive, petulant and ungracious.
Justice Madigan said that Driti contradicted himself and gave evidence that was incapable of belief.
The judge further stated that he cannot believe that Driti knew nothing of any plans until Ratu Tevita Uluilakeba Mara visited him in mid September.
Justice Madigan said that Driti was before that time, on his own admission, receiving official and unofficial intelligence reports on at least a weekly basis.
The presiding judge stated that Driti was taking active steps to impugn the reputation of the Attorney General and to bring about the downfall of Army Commander Commodore Voreqe Bainimarama's administration.
Justice Madigan highlighted that Driti was having the Attorney General tailed, making enquiries about his social connections and his income.
The judge added that Driti was calling into aid the head of a crack platoon of armed combat specialists Tevita Korovou.
Justice Madigan said whatever may have been said in the meeting between Driti and Korovou in 2010, Korovou told the court that he came away from it with the distinct impression that there was going to be another coup.
Judge Madigan said the fact given in evidence by Driti that on hearing of the plan he did nothing but stand back and consider it without reporting it to the Commander, does not serve him well.
The presiding judge said that thinking the plan may have been a set up did not lead to Driti to take appropriate steps to deal with a possible set up.
Justice Madigan said "Asking the purported architect of the plan: is this a set up? does nothing to create confidence in Driti's evidence".
He said the case against Pita Driti is overwhelming and convicted him of inciting to mutiny.
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That is the ruling by High Court judge Justice Paul Madigan in former Land Force Commander Pita Driti's trial.
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This morning High Court judge Justice Paul Madigan summed up the case reminding the assessors that he is the judge of the law and the assessors are the judges of the facts.
Justice Paul Madigan told the three assessors that they should take into account all the evidence presented in court and the court has no room for sympathy or prejudice.
He said that the assessors' political views should not cloud their judgement.
Justice Madigan also said it should not matter how they feel about the Prime Minister or the Attorney General.
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High Court judge Justice Paul Madigan summed up the case this morning reminding the assessors that he is the judge of the law and the assessors are the judges of the facts.
Justice Paul Madigan told the three assessors that they should take into account all the evidence presented in court and the court has no room for sympathy or prejudice.
He said that the assessors' political views should not cloud their judgement.
Justice Madigan also said it should not matter how they feel about the Prime Minister or the Attorney General.
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Presiding Judge Justice Paul Madigan also asked Driti whether he was trying to say that the Military Council members could be lawless as this is what Driti was suggesting.
Driti then said he did not mean that, he only meant things to be done through lawful means.
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After the prosecution wrap up, presiding judge Justice Paul Madigan asked Driti to stand up and told him that he has decided that Driti has a case to answer based on the evidence presented by the prosecution.
Justice Madigan then asked Driti what he has decided.
Driti said he will take the witness stand as he has no other witnesses.
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After the prosecution wrap up, presiding judge Justice Paul Madigan asked Driti to stand up and told him that he has decided that Driti has a case to answer based on the evidence presented by the prosecution.
Justice Madigan then asked Driti what he has decided.
Driti said he will take the witness stand as he has no other witnesses.
Former Prime Minister and Fiji Labour ...
www.fijivillage.com, 4 April 2014 [cached]
Former Prime Minister and Fiji Labour Party leader, Mahendra Chaudhry has been found guilty of all three counts of breaching the Exchange Control Act by High Court Judge, Justice Paul Madigan.
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Justice Madigan concurred with the four assessors who found him guilty earlier this afternoon and convicted him of all the charges.
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Justice Madigan said there is no question that Chaudhry was a resident of Fiji at all relevant times and there is no question that Chaudhry was in control of approximately 1.5 million Australian dollars in Australia and New Zealand.
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Justice Madigan has ordered Chaudhry not to access the 1.5 million Australian dollars directly or indirectly between now and the sentencing.
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Justice Madigan referred to the Sentencing and Penalties Decree, and said that sentencing must be done immediately after conviction.
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Justice Madigan adjourned the case to the 1st of May in the interest of justice and to give Chaudhry time to prepare for mitigation.
A man who was facing a ...
www.fijivillage.com, 30 Jan 2013 [cached]
A man who was facing a charge of allegedly raping his defacto wife has today been acquitted and discharged by High Court Judge Justice Paul Madigan.
Justice Madigan directed the three assessors to return opinions of not guilty after the woman told the court that she consented to the act of sexual intercourse with her defacto husband on the 27th of February last year.
23-year-old Inoke Raikadroka appeared ...
www.fijivillage.com, 22 Mar 2013 [cached]
23-year-old Inoke Raikadroka appeared before Judge Justice Paul Madigan this afternoon charged with trafficking in children and living on earnings from prostitution and prostitution.
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Judge Madigan has ordered Raikadroka not to leave the Suva corridor, not to apply for a passport and not to email or use social media.
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