Commissioner Justice Paul Madigan said the one count of professional misconduct and one count of unsatisfactory conduct have been established against Rajendra Chaudhry and the two counts of unsatisfactory conduct and professional misconduct have been established against Maraiwai.
The first count of unsatisfactory professional conduct against Kini Maraiwai is in relation to Maraiwai preparing an affidavit of a Muskaan Balaggan and witnessing the document himself without having it witnessed by an independent legal practitioner or Commissioner of Oaths.
Balaggan swore an affidavit on the 4th of July last year that the allegations of rape and sexual abuse she had made against Rajendra Chaudhry on the 13th of June last year were untrue and she withdrew them.
Justice Madigan said the importance of not acting in the manner that Maraiwai did is brought to the fore when it later transpired that Balaggan made another statement signed before a Commissioner of Oaths which was a direct contradiction of the reasons given in the earlier affidavit.
The second count of unsatisfactory professional conduct deals with Maraiwai continuing to act for Balaggan who was charged for giving false information to a public officer on the basis of the affidavit which had been prepared and witnessed by Maraiwai.
The third count of professional misconduct is also established against Maraiwai.
This deals with Maraiwai failing to act in the best interest of his client Balaggan by instructing Rajendra Chaudhry to appear on the 15th of September 2011 for mitigation being aware that Chaudhry was the victim of the false complaint made by Balaggan and therefore was a conflict of interest.
Rajendra Chaudhry’s first charge relates to him agreeing to act as a counsel in Muskaan Balaggan’s court case from the 15th to 29th September last year.
This is a case in which Chaudhry was the victim of a charge of giving false information to a public servant.
Chaudhry’s next charge of unsatisfactory professional conduct relates to him showing discourtesy to the High Court, namely to Justice Daniel Goundar on or about the 15th of April 2012 in his response to an enquiry made by the Chief Registrar under the Legal Practitioners Decree.
The charge said such conduct is a breach of the Rules of Professional Conduct and Practice of the Legal Practitioners Decree 2009.