Terminated police officers say in court that drugs were found in Jonacani Bainimarama’s taxi in April 2021

Sacked police officers Penieli Ratei, who is now an Inspector and Police Constable Tomasi Naulu claimed in court that they found a bag of marijuana in former Prime Minister Voreqe Bainimarama’s late brother, Jonacani Bainimarama’s taxi in April 2021.

Voreqe 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.

Bainimarama and Qiliho allegedly made unwarranted demands to the then Acting Police Commissioner Rusiate Tudravu, to terminate the employment of these police officers from the Fiji Police Force.

While taking the stand in court, Ratei testified that he first encountered Jonacani Bainimarama when he was transporting drugs in a taxi in Delainavesi, Lami.

During cross-examination, defence counsel Devanesh Sharma asked whether Jonacani was arrested and whether there was any evidence of his arrest.

Ratei told the court that Jonacani was handed over to the Narcotics Bureau while Naulu says he was unsure whether an arrest had taken place.

He said a month later, they stopped Jonacani again in Nabua for a search, but nothing was found.

Inspector Ratei says that Naulu took a photo of Jonacani on 21st May and shared it in the Southern Division Operations Viber group.

Ratei says he had instructed Naulu to caption the photo as “suspected drug transporter.” He explained that it is common practice to photograph high-risk criminals and individuals being searched, as part of police profiling.

Both officers mentioned they were unaware at the time that Jonacani Bainimarama was the then Prime Minister’s brother.

Assistant DPP Laisani Tabuakuro asked whether they were aware that Jonacani was a police informer.

Both officers said they had no knowledge of this.

Ratei says because of the termination he almost lost his property which he loaned a few years prior while Naulu, who was the sole breadwinner for his family, says he struggled to pay rent during this time.

Both officers confirmed they received their dismissal letters on 14th August, but were not told why they were being dismissed or charged.

They also wrote an appeal letter to Qiliho, requesting a reconsideration of their termination, but never received a response.

Ratei and Naulu stated that they served both the dismissal and the punishment.

In July 2021, a Disciplinary Tribunal hearing was held where five officers, including those involved in the Nabua stop of Jonacani, were charged.

On 4th August 2021, then Acting Police Commissioner Rusiate Tudravu issued fines and warning letters. The officers had earlier been placed on leave on 22nd May 2021.

They also informed the court that upon returning to duty, Qiliho asked them to submit a show cause letter explaining why they should be retained, while normal procedure allows 14 days to respond, they were directed to submit their letters by 3pm on the same day.

During cross-examination, Sharma asked whether they were aware that individuals should not be photographed unless in lawful custody or formally charged.

Both said they only became aware of this rule after Qiliho gave specific instructions, and prior to that, they did not consider it wrong as it had been common practice.

Justice Thushara Rajasinghe clarified that under the Police Act, officers are allowed to photograph individuals for evidentiary purposes.

The defence also read out a statement from Jonacani, in which he said he did not like his photo being taken and was not informed of the reason. Sharma further asked Ratei why Tudravu had issued him a letter of interdiction while still allowing him to receive full pay.

Ratei clarified that officers on interdiction are entitled to paid annual leave and denied any personal relationship with Tudravu.

Tabuakuro asked whether they were aware that Qiliho had directed their termination on 11th August.

Both officers said they were unaware of the document.

The trial will resume on Tuesday.

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.