Wrongly Convicted Database Record

 

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Chandlesh Ganesh

 

Charge:

Murder

Sentence:

Life Imprisonment

Years Imprisoned:

0.75

Year Crime:

2010

Year Convicted:

2010

Year Cleared:

2011

U.S. State or Country of Crime:

Fiji

County or Region of Crime:

City of Crime:

Result:

Judicially Exonerated Released

Summary of Case:

"Zafir Ali, Taimur Ali, Tahir Ali and Chandlesh Ganesh were convicted on July 7, 2010 of murdering 26-year-old James Shankaran Nair in Fiji on January 4, 2010. The men were convicted based on the testimony of the prosecution's pathologist who testified Nair was killed by being struck with a blunt object. All four defendants were sentenced on July 9, 2010 to life in prison with a minimum of serving 11 years before they can apply for parole. After their sentencing it was discovered that the pathologist had actually determined Nair died as a result of a severed aorta caused by him falling or jumping off the back of the vehicle in which he was travelling. The four defendants were sitting in the back-seat of a twin cab pick-up at the time of the accident. Nair had been in the bed behind the cab. On April 1, 2011 the men were acquitted by the Fiji Court of Appeal based on the new evidence the prosecutor had deliberately introduced false testimony by the pathologist. Justice William Marshall said it was not possible that the four accused men could have climbed out of the side window of the moviing pick-up and into the bed to kill Nair. The four defendants were ordered immediately released after 9 months imprisonment. Appeals Court Justice William Marshall said the court would like to make a call of professional misconduct against the prosecutor and the pathologist for misleading the trial court about Nair’s death."

Conviction Caused By:

False testimony by the prosecution's pathologist and subornation of perjury by the prosecutor.

Innocence Proved By:

"On April 1, 2011 the men were acquitted by the Fiji Court of Appeal based on new evidence that the prosecutor had deliberately introduced false testimony by the pathologist to conceal the victim had died accidentally."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Court clears conviction, by Shalveen Chand (staff), The Fiji Times, April 03, 2011"

Information Location 1:

http://www.fijitimes.com/story.aspx?id=169843

Information Source 2:

"Four walk free, by Shalveen Chand (staff), The Fiji Times, April 02, 2011"

Information Location 2:

http://www.fijitimes.com/story.aspx?ref=archive&id=169761

Information Source 3:

"Life in jail for 4 murderers, by Shalveen Chand (staff), The Fiji Times, July 9, 2010"

Information Location 3:

http://www.fijitimes.com/story.aspx?ref=archive&id=151513

Information Source 4:

Information Location 4:

Information Source 5:

Information Location 5:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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