The Police Director Legal Rajesh Krishna confirmed in court today that the Police Tribunal recommended that Sergeant Penieli Ratei, receive a five-day pay deduction along with a warning letter, while Police Constable Tomasi Naulu receive a two-day pay deduction and a warning letter.
While giving evidence today in the trial of former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho, state witness, Krishna confirmed that the then Acting Police Commissioner Tudravu endorsed the recommendation from the tribunal, which was then forwarded to the Director of Human Resources.
Krishna also confirmed that Tudravu didn't change the recommendations.
Bainimarama and Qiliho are accused of making unwarranted demands to dismiss the two police officers.
Krishna also confirmed that Ratei and Naulu, who were dismissed in 2021, had contested their termination by filing for leave for judicial review in 2022, which was not granted.
Krishna says that on the 14th of February, 2022, the officers sought leave for judicial review.
He told the court that, following advice from the Office of the Solicitor General, Qiliho agreed to reinstate the officers and reimburse their lost salaries and benefits.
Krishna says the officers requested a counter-offer that included lost salaries and an admission of wrongdoing, as they did not want to rejoin the Force due to fears of victimisation. He says Qiliho did not accept this counter-offer.
Krishna further told the court that another settlement offer was made outside of court under the leadership of Acting Police Commissioner Juki Fong Chew, as Qiliho was suspended at the time.
The Director Legal says the offer was then accepted.
When the officers were asked why the same offer was accepted later, they said because they have a new Commissioner.
When Qiliho resumed duties from overseas study leave on 6th August, 2021 and asked Krishna about the decisions made by then Acting Police Commissioner Rusiate Tudravu, tribunal proceedings, promotions and contract extensions for officers, Krishna says he advised Qiliho that it would be best for the Solicitor General to provide legal opinion on these matters.
He then sought Qiliho’s approval to contact the SG’s Office.
Once the approval was granted, Krishna sent emails and letters to the SG’s Office.
He says that on 19th August 2021, a legal opinion was sent to Qiliho.
Krishna says he was aware of the recommendation made by Police Tribunal Officer Anil Prasad regarding disciplinary action against Ratei and Naulu, where the two officers were found guilty of taking and uploading a photo of Bainimarama’s brother, Jonecani Bainimarama, in 2021.
When Assistant DPP, Laisani Tabuakuro asked about the importance of the Force Routine Order, Krishna says it is a formal document that communicates official information and instructions within the Police Force. He also confirmed that the powers to hire, dismiss, or terminate police officers lie within the institution’s internal procedures.
The trial continues. Bainimarama is charged with one count of unwarranted demand made by a public official while Qiliho is charged with two counts of abuse of office.
It is alleged that Bainimarama, between the 21st of May 2021 to the 18th of August 2021 in Suva, as the Prime Minister of Fiji made an unwarranted demand with menance to the then Acting Commissioner of Police, Rusiate Tudravu, by threatening his employment to influence the Acting COMPOL to comply with his unwarranted demand for the termination of the employment of Sergeant Penieli Ratei and Police Constable Tomasi Naulu who came under the supervision and authority of the Commissioner of Police.
It is alleged that between the 5th to the 18th of August 2021 in Suva whilst being employed as the Commissioner of Police, Qiliho directed the termination of employment of Sergeant Penieli Ratei and Police Constable Tomasi Naulu without due process which was an abuse of office of his authority as the Commissioner of Police and the termination was prejudicial to the rights Ratei and Naulu.
@fijivillage.com Bainimarama & Qiliho trial for sacking two police officers in 2021 | Day 2 #fiji #fyp ♬ original sound - fijivillage
Click here for stories on the Bainimarama and Qiliho case
Stay tuned for the latest news on our radio stations
