We are waiting for the tribunal’s decision on whether Qiliho’s conviction should be seen as misbehaviour – Rabuka

With Sitiveni Qiliho remaining as the suspended Commissioner of Police despite being convicted of abuse of office in the USP matter and sentenced to 2 years imprisonment in May this year, Prime Minister and Chair of the Constitutional Offices Commission, Sitiveni Rabuka confirmed today that they are now awaiting the independent tribunal’s decision on whether Qiliho’s conviction should be seen as misbehaviour.

Many are asking the question how and why Qiliho remains the suspended Police Commissioner as he is now serving a prison sentence, and this has also resulted in the Commissioner’s position not getting advertised or filled by the Constitutional Offices Commission.

When questioned by fijivillage News what is being done about this, Rabuka says the Commission is waiting for the tribunal to come back after being given the added responsibility on whether the conviction is sufficient for Qiliho to lose his job.

When asked by fijivillage News, Attorney General, Graham Leung said the only power to advise the President to remove a constitutional officer such as the Commissioner of Police is to be found in subsection 137(3) of the Constitution.

Under paragraph 137(3)(b), only a tribunal (or medical board) appointed under the section can advise the President to remove a constitutional officer.

Leung says further, the only power vested in the President to remove an officer is under paragraph 137(3)(c) which provides that the President in deciding whether or not to remove an officer must act in accordance with the advice of a tribunal or medical board. When asked on how much salary was Qiliho paid in total while still on suspension and when did this stop, Leung says that is a question that is determined by the Commission, not the office of the Attorney General.

The tribunal is led by the President of the Fiji Court of Appeal, Justice Filimone Jitoko.