Acting Director of Public Prosecutions John Rabuku says he wants the hearing of former Prime Minister Voreqe Bainimarama and suspended Police Commissioner, Brigadier General Sitiveni Qiliho to be held this year in the matter where they were allegedly involved in making unwarranted demands to the Acting Commissioner at the time, Rusiate Tudravu.
Former Prime Minister Voreqe Bainimarama and suspended Police Commissioner, Brigadier General Sitiveni Qiliho have pleaded not guilty to charges of unwarranted demand made by a public official and abuse of office, respectively.
Bainimarama has pleaded not guilty to one count of unwarranted demand made by a public official, while Qiliho has pleaded not guilty to two counts of abuse of office before Magistrate Jeremaia Savou this morning.
It is alleged that Bainimarama, between the 21st of May 2021 to the 18th of August 2021 in Suva, being employed as a public official, gave an unwarranted demand to Rusiate Tudravu, to terminate the employment of Sergeant Penieli Ratei and Police Constable Tomasi Naulu from the Fiji Police Force, and if he did not terminate the officers, he was to hand in his resignation.
His demand was directly related to Bainimarama’s official capacity as the Prime Minister of Fiji, and was done with the intention of influencing Tudravu, a public official, in the exercise of his official duty as the Acting Commissioner of Police.
It is alleged that Qiliho, between the 5th to the 18th of August 2021 in Suva, being employed as the Commissioner of Police, reviewed the disciplinary decision given by Rusiate Tudravu as the Acting Commissioner of Police against Sergeant Penieli Ratei and Police Constable Tomasi Naulu which was five equivalent paid working days, and contrary to this decision terminated the employment of Ratei and Naulu from the Fiji Police Force in the abuse of the authority of his office which was an arbitrary act, prejudicial to the rights of Ratei and Naulu.
The case has been adjourned to the 2nd of May at 10.15am for mention.
Former Prime Minister Voreqe Bainimarama and suspended Police Commissioner, Brigadier General Sitiveni Qiliho will reappear in the Suva Magistrates Court later this morning.
Bainimarama and Qiliho who are currently in prison serving 1 year and 2 year sentences respectively for the USP case, will appear relating to charges where they were allegedly involved in making unwarranted demands to the Acting Commissioner at the time, Rusiate Tudravu which eventually resulted in the termination of two police officers.
Bainimarama had earlier pleaded not guilty to one count of unwarranted demand made by a public official, while Qiliho has pleaded not guilty to two counts of abuse of office before Magistrate Jeremaia Savou.
It is alleged that Bainimarama, between the 21st of May 2021 to the 18th of August 2021 in Suva, being employed as a public official, made an unwarranted demand to Rusiate Tudravu, to terminate the employment of Sergeant Penieli Ratei and Police Constable Tomasi Naulu from the Fiji Police Force, and if he did not terminate the officers, he was to hand in his resignation.
It is alleged his demand was directly related to Bainimarama’s official capacity as the Prime Minister of Fiji, and was done with the intention of influencing Tudravu, a public official, in the exercise of his official duty as the Acting Commissioner of Police.
It is alleged that Qiliho, between the 5th to the 18th of August 2021 in Suva, being employed as the Commissioner of Police, reviewed the disciplinary decision given by Rusiate Tudravu as the Acting Commissioner of Police against Sergeant Penieli Ratei and Police Constable Tomasi Naulu which was five equivalent paid working days, and contrary to this decision terminated the employment of Ratei and Naulu from the Fiji Police Force in the abuse of the authority of his office which was an arbitrary act, prejudicial to the rights of Ratei and Naulu.
Stay with us for developments.
Acting Chief Justice Salesi Temo will deliver his ruling next Thursday in the matter where the lawyer for former Prime Minister Voreqe Bainimarama and suspended Police Commissioner Sitiveni Qiliho have applied for bail pending appeal.
Bainimarama has been sentenced to 1 year imprisonment after being found guilty of one count of attempt to pervert the course of justice in the University of the South Pacific case while Qiliho has been sentenced to 2 years imprisonment for the charge of abuse of office.
Bainimarama and Qiliho's lawyer Devanesh Sharma argues that Bainimarama and Qiliho have a very strict chance of success on appeal, the appeal will be granted nugatory if bail was not granted, there is a clear error of law by the High Court in not allowing the appeal on the ground of the DPP's ground of appeal, the sentence of the Magistrate was not null and void, the Judge erred in law by not revising himself when he had predetermined the appeal against sentence on the 3rd of April and both Bainimarama and Qiliho filed an appeal against conviction.
Sharma cross-examined DPP’s trial lawyer for the case, Nimisha Shankar where she had provided an affidavit stating her opinion that the grounds appeal are unlikely to be successful.
When asked if she or Acting DPP late Ratu David Toganivalu had objected to the news article about CID investigations in June 2020 relating to a protest at USP, Shankar says that they did not object to it.
Sharma argues that the Brown and Dunn rule was not breached which prevents the 'ambush' of a witness by not giving him an opportunity to state his position with respect to later evidence which contradicts him on an essential matter.
DPP's lawyer Nancy Tikoisuva had objected stating that these are appeal matters and an appeal has been filed by Bainimarama and Qiliho's lawyer.
The Acting Chief Justice stated that facts in the High Court and the Magistrates Court cannot be challenged in the bail application.
In their argument, Tikoisuva states that Acting Chief Justice has made his decision finality in this case and he cannot go back and assess his own decision.
She says an appeal has been made and any matters arising now are the purview of the Appeal Court.
Tikoisuva says Justice Temo will have to assess the likelihood of success of the appeal which means he will have to go through the grounds of appeal that Sharma proposes and relook at the conviction and sentencing.
She also provided Supreme Court case laws supporting her grounds, however, Sharma pointed out that these civil cases and not applicable.
Sharma also says that Justice Temo does have jurisdiction to grant bail as he will be looking at the matters of law and the likelihood of success of based on law.
Meanwhile, Bainimarama’s doctor, Dr Joji Malani will be meeting the Fiji Corrections Service and Bainimarama to discuss his medical needs today.
The trial of former Prime Minister Voreqe Bainimarama and former Police Commissioner, Brigadier General Sitiveni Qiliho where they are charged with unwarranted demands made by a public official and abuse of office respectively, will begin on the 2nd of June and go on for 6 weeks, until the 11th of July next year.
Bainimarama and Qiliho's lawyer, Devanesh Sharma says they are still looking at documents for any admission.
He says the trial will go for 6 weeks as they have 30 witnesses as there are no agreed facts.
The pre-trial conference is on the 13th of January.
Bainimarama has pleaded not guilty to one count of unwarranted demand made by a public official, while Qiliho has pleaded not guilty to two counts of abuse of office before Magistrate Jeremaia Savou.
It is alleged that Bainimarama, between the 21st of May 2021 to the 18th of August 2021 in Suva, being employed as a public official, gave an unwarranted demand to Rusiate Tudravu, to terminate the employment of Sergeant Penieli Ratei and Police Constable Tomasi Naulu from the Fiji Police Force, and if he did not terminate the officers, he was to hand in his resignation.
His demand was directly related to Bainimarama’s official capacity as the Prime Minister of Fiji, and was done with the intention of influencing Tudravu, a public official, in the exercise of his official duty as the Acting Commissioner of Police.
It is alleged that Qiliho, between the 5th to the 18th of August 2021 in Suva, being employed as the Commissioner of Police, reviewed the disciplinary decision given by Rusiate Tudravu as the Acting Commissioner of Police against Sergeant Penieli Ratei and Police Constable Tomasi Naulu which was five equivalent paid working days, and contrary to this decision terminated the employment of Ratei and Naulu from the Fiji Police Force in the abuse of the authority of his office which was an arbitrary act, prejudicial to the rights of Ratei and Naulu.
The appeal against conviction, sentencing and bail pending appeal of former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho, will be called in the Fiji Court of Appeal on the 30th of January next year.
Bainimarama and Qiliho's lawyer, Devanesh Sharma has informed the Court that they will withdraw the stay of sentencing application in the High Court.
Acting DPP Nancy Tikoisuva says they will focus on legal submissions rather than affidavits.
The bail pending appeal only applies to Qiliho as Bainimarama was granted an early release on the 8th of last month, in accordance with Section 46 (3) of the Corrections Act.
Qiliho is serving a 2 years imprisonment sentence for the charge of abuse of office.
@fijivillage.com Bainimarama and Qiliho's appeal case to be called on 30th Jan #fiji #fyp #court #fijilaw ♬ original sound - fijivillage
The trial date in the matter where former Prime Minister Josaia Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho's allegedly made unwarranted demands to the then Acting Police Commissioner Rusiate Tudravu, to terminate the employment of two police officers from the Fiji Police Force has been set for 2 June to 11 July.
Bainimarama appeared before Magistrate Jeremiah Savou this morning.
The matter will be mentioned on 10 March because Qiliho was not in court and a fresh production order had to be issued.
Qiliho was later brought to court by the Fiji Corrections Service out of respect for Magistrate Savou who advised him that the matter will be called on 10 March and that a production order had been issued for him to be in court at 9.30am.
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, being employed as a public official, gave an unwarranted demand to Rusiate Tudravu, to terminate the employment of Sergeant Penieli Ratei and Police Constable Tomasi Naulu from the Fiji Police Force, and if he did not terminate the officers, he was to hand in his resignation.
His demand was directly related to Bainimarama’s official capacity as the Prime Minister of Fiji, and was done with the intention of influencing Tudravu, a public official, in the exercise of his official duty as the Acting Commissioner of Police.
It is alleged that Qiliho, between the 5th to the 18th of August 2021 in Suva, being employed as the Commissioner of Police, reviewed the disciplinary decision given by Rusiate Tudravu as the Acting Commissioner of Police against Sergeant Penieli Ratei and Police Constable Tomasi Naulu which was five equivalent paid working days, and contrary to this decision terminated the employment of Ratei and Naulu from the Fiji Police Force in the abuse of the authority of his office which was an arbitrary act, prejudicial to the rights of Ratei and Naulu.
The hearing date for the appeal against conviction, sentencing and bail pending appeal in the USP case of former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho, will be determined by the Fiji Court of Appeal today.
After an assessment by the Appeal Court Judge, Justice Chandana Prematilaka on the submissions received by both counsels, he will set the hearing date.
Bainimarama and Qiliho’s lawyer, Devanesh Sharma has appealed the conviction of the two.
Sharma has also appealed on the grounds that Chief Justice Salesi Temo erred in law as the sentencing court has the jurisdiction to not record a conviction, and that Chief Justice Temo also refused to recuse himself when an application was made based on him attacking Magistrate Seini Puamau.
The bail pending appeal only applies to Qiliho as Bainimarama was granted an early release on the 8th of November.
Qiliho is serving a 2 year prison sentence for the charge of abuse of office.
Stay with us for developments.
The case of former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho in the matter where they allegedly made unwarranted demands to the then Acting Police Commissioner Rusiate Tudravu, to terminate the employment of two police officers from the Fiji Police Force will be called again on March 24th.
The two appeared before Magistrate Jeremiah Savou this morning who asked if the matter should be taken to the High Court because of the definition of ‘public service’ and ‘civil service’ and how the Police Commissioner's role is defined under the Constitution.
Magistrate Savou has asked them to clarify this matter first before the hearing.
Both DPP and Bainimarama and Qiliho’s lawyers indicated they want the matter to be dealt with in the Magistrates Court.
The two allegedly made unwarranted demands to the then Acting Police Commissioner Rusiate Tudravu, to terminate the employment of two police officers from the Fiji Police Force.
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, being employed as a public official, gave an unwarranted demand to Rusiate Tudravu, to terminate the employment of Sergeant Penieli Ratei and Police Constable Tomasi Naulu from the Fiji Police Force, and if he did not terminate the officers, he was to hand in his resignation.
His demand was directly related to Bainimarama’s official capacity as the Prime Minister of Fiji, and was done with the intention of influencing Tudravu, a public official, in the exercise of his official duty as the Acting Commissioner of Police.
It is alleged that Qiliho, between the 5th to the 18th of August 2021 in Suva, being employed as the Commissioner of Police, reviewed the disciplinary decision given by Rusiate Tudravu as the Acting Commissioner of Police against Sergeant Penieli Ratei and Police Constable Tomasi Naulu which was five equivalent paid working days, and contrary to this decision terminated the employment of Ratei and Naulu from the Fiji Police Force in the abuse of the authority of his office which was an arbitrary act, prejudicial to the rights of Ratei and Naulu.
A constitutional motion filed by the lawyers for former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho, will be heard on the 11th of next month.
This is the case where Bainimarama and Qiliho allegedly made unwarranted demands to then-acting Police Commissioner Rusiate Tudravu to terminate the employment of two police officers from the Fiji Police Force.
The two appeared before Magistrate Jeremaia Savou today.
Devanesh Sharma, the lawyer for Bainimarama and Qiliho, requested for three days to finalize the motion under Section 44.5.
Under Section 44.5 of the Constitution, if a person appears in court and claims they are being denied the right to a fair trial, they can raise this issue for the Magistrates Court to consider.
Sharma says he had previously raised this issue before Magistrate Seini Puamau, who responded that he was asking the magistrate to determine a constitutional matter, which was inappropriate.
He adds the decision made by High Court Justice Salesi Temo had nothing to do with the Constitution.
The DPP lawyer argued that the ruling should be made by the High Court.
It is alleged that Bainimarama, between the 21st of May 2021 to the 18th of August 2021 in Suva, being employed as a public official, gave an unwarranted demand to Rusiate Tudravu, to terminate the employment of Sergeant Penieli Ratei and Police Constable Tomasi Naulu from the Fiji Police Force, and if he did not terminate the officers, he was to hand in his resignation. His alleged demand was directly related to Bainimarama’s official capacity as the Prime Minister of Fiji and was done to influence Tudravu, a public official, in the exercise of his official duty as the Acting Commissioner of Police.
It is alleged that Qiliho, between the 5th to the 18th of August 2021 in Suva, being employed as the Commissioner of Police, reviewed the disciplinary decision given by Rusiate Tudravu as the Acting Commissioner of Police against Sergeant Penieli Ratei and Police Constable Tomasi Naulu which was five equivalent paid working days, and contrary to this decision terminated the employment of Ratei and Naulu from the Fiji Police Force in the abuse of the authority of his office which was an arbitrary act, prejudicial to the rights of Ratei and Naulu.
@fijivillage.com Lawyers for Bainimarama and Qiliho file constitution motion #fiji #fyp ♬ original sound - fijivillage
Defence lawyer Devanesh Sharma has objected for his clients Voreqe Bainimarama and Sitiveni Qiliho’s abuse of office case to be transferred to the High Court while Prosecutor Pooja Mishra says she will be filing for the transfer.
Bainimarama and Qiliho appeared before Magistrate Shageeth Somaratne this morning.
Their case will be called again on Monday 2nd June.
The two allegedly made unwarranted demands to the then Acting Police Commissioner Rusiate Tudravu, to terminate the employment of two police officers from the Fiji Police Force.
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, being employed as a public official, gave an unwarranted demand to Rusiate Tudravu, to terminate the employment of Sergeant Penieli Ratei and Police Constable Tomasi Naulu from the Fiji Police Force, and if he did not terminate the officers, he was to hand in his resignation.
His demand was directly related to Bainimarama’s official capacity as the Prime Minister of Fiji, and was done with the intention of influencing Tudravu, a public official, in the exercise of his official duty as the Acting Commissioner of Police.
It is alleged that Qiliho, between the 5th to the 18th of August 2021 in Suva, being employed as the Commissioner of Police, reviewed the disciplinary decision given by Rusiate Tudravu as the Acting Commissioner of Police against Sergeant Penieli Ratei and Police Constable Tomasi Naulu which was five equivalent paid working days, and contrary to this decision terminated the employment of Ratei and Naulu from the Fiji Police Force in the abuse of the authority of his office which was an arbitrary act, prejudicial to the rights of Ratei and Naulu.
@fijivillage.com Abuse of Office : Defence for Bainimarama and Qiliho object to transfer to high court #fiji #fyp ♬ original sound - fijivillage
The case where former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho are charged with abuse of office has been transferred to the High Court and will be called on the 26th of this month.
Bainimarama and Qiliho appeared before Magistrate Shageeth Somarathe this afternoon.
Justice Somarathe says under the Crimes Act, the definition of public service expressly includes all persons belonging to a disciplined service of Fiji.
The two allegedly made unwarranted demands to the then Acting Police Commissioner Rusiate Tudravu, to terminate the employment of two police officers from the Fiji Police Force. Bainimarama is charged with one count of unwarranted demands 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, being employed as a public official, gave an unwarranted demand to Rusiate Tudravu, to terminate the employment of Sergeant Penieli Ratei and Police Constable Tomasi Naulu from the Fiji Police Force, and if he did not terminate the officers, he was to hand in his resignation.
His demand was directly related to Bainimarama’s official capacity as the Prime Minister of Fiji and was done with the intention of influencing Tudravu, a public official, in the exercise of his official duty as the Acting Commissioner of Police.
It is alleged that Qiliho, between the 5th to the 18th of August 2021 in Suva, being employed as the Commissioner of Police, reviewed the disciplinary decision given by Rusiate Tudravu as the Acting Commissioner of Police against Sergeant Penieli Ratei and Police Constable Tomasi Naulu which was five equivalent paid working days, and contrary to this decision terminated the employment of Ratei and Naulu from the Fiji Police Force in the abuse of the authority of his office which was an arbitrary act, prejudicial to the rights of Ratei and Naulu.
Former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho have pleaded not guilty to charges of abuse of office in relation to the Police Officers sacking case.
They appeared for the first time in the High Court this afternoon before Judge Justice Thushara Rajasinghe, following the transfer of the case.
Bainimarama is charged with one count of unwarranted demands made by a public official, while Qiliho is charged with two counts of abuse of office.
The two allegedly made unwarranted demands to the then Acting Police Commissioner Rusiate Tudravu, to terminate the employment of two police officers from the Fiji Police Force.
It is alleged that Bainimarama, between the 21st of May 2021 to the 18th of August 2021 in Suva, being employed as a public official, gave an unwarranted demand to Rusiate Tudravu, to terminate the employment of Sergeant Penieli Ratei and Police Constable Tomasi Naulu from the Fiji Police Force, and if he did not terminate the officers, he was to hand in his resignation.
His demand was directly related to Bainimarama’s official capacity as the Prime Minister of Fiji and was done with the intention of influencing Tudravu, a public official, in the exercise of his official duty as the Acting Commissioner of Police.
It is alleged that Qiliho, between the 5th to the 18th of August 2021 in Suva, being employed as the Commissioner of Police, reviewed the disciplinary decision given by Rusiate Tudravu as the Acting Commissioner of Police against Sergeant Penieli Ratei and Police Constable Tomasi Naulu which was five equivalent paid working days, and contrary to this decision terminated the employment of Ratei and Naulu from the Fiji Police Force in the abuse of the authority of his office which was an arbitrary act, prejudicial to the rights of Ratei and Naulu.
The State counsel, Laisani Tabuakuro says they have 15 witnesses in the matter.
The trial date has been set from the 5th to the 29th August, 2025.
The matter is adjourned to the 10th of July.
Former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho could be taking the stand during the trial where they allegedly made unwarranted demands to dismiss two police officers.
This has been confirmed by their lawyer Gul Fatima during the pre-trial conference while responding to Suva High Court Judge Justice Thushara Rajasinghe’s question about who will be the witnesses for the defence in the event they have to open its case.
Fatima says they will have no other witnesses.
State Counsel Laisani Tabuakuro informed the court that they will have 13 witnesses.
@fijivillage.com Bainimarama and Qiliho to take the stand in trial for sacked officers #fyp #police ♬ original sound - fijivillage
Justice Rajasinghe also gave a formal notice to Bainimarama and Qiliho that the trial will continue in their absence if they fail to appear on the date of the trial.
The trial will be held from 5th to 29th August.
The two allegedly made unwarranted demands to the then Acting Police Commissioner Rusiate Tudravu, to terminate the employment of two police officers from the Fiji Police Force.
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.
The charge against former Prime Minister Voreqe Bainimarama, in the case where he is charged alongside former Police Commissioner Sitiveni Qiliho for allegedly making unwarranted demands to dismiss two police officers, has been amended.
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 now 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 menace to the 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.
In Qiliho’s case, 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.
During the pre-trial conference this morning, Bainimarama and Qiliho’s lawyer Gul Fatima told the court they could be taking the stand during the trial in the event they have to open the case.
Fatima says they will have no other witnesses.
State Counsel Laisani Tabuakuro says they will have 13 witnesses.
Suva High Court Judge Justice Thushara Rajasinghe also gave a formal notice to Bainimarama and Qiliho that the trial will continue in their absence if they fail to appear on the date of the trial.
The trial will be held from 5th to 29th August.
Deputy Director of Human Resources at the Fiji Police Force, Jovilisi Leweniqila says former Police Commissioner, Sitiveni Qiliho gave the directive to terminate Sergeant Penieli Ratei and Police Constable Tomasi Naulu in 2021.
Leweniqila took the stand as a prosecution witness in the trial of former Prime Minister Voreqe Bainimarama and Qiliho, who are accused of making unwarranted demands to dismiss two police officers.
He says if the Commissioner issues a directive using the correspondence form, it is treated as a high priority.
Leweniqila adds that correspondence forms are used for communicating urgent matters between high-ranking officers within the Force, and these are not accessible to the public.
When Assistant DPP Laisani Tabuakuro asked if there is a standard operating procedure for disciplinary action, Leweniqila responded that there is none, as the process is governed by the Police Act.
He explained that the Tribunal Officer makes recommendations to the Police Commissioner regarding any disciplinary action.
When asked when the Human Resources Department becomes involved, he says it steps in to formalise the Commissioner’s decision, which could be in the form of a fine, warning letter or demotion.
He says Qiliho formalised the directive to facilitate the show cause process on 14th August 2021, which is exercised to terminate or dismiss officers, while the Force Routine Order is used to finalise the orders.
During cross-examination, defence counsel Devanesh Sharma asked if officers were given adequate time to respond after receiving the show cause notice.
Leweniqila confirms that this was done.
However, Tabuakuro pointed out that the officers were only given three days, and the then Commissioner did not explain why the matter was treated as urgent.
Meanwhile, the third prosecution witness, Devika Narayan, who is the Manager of Records and Registry at the Fiji Police Force, says decisions made through the correspondence form can relate to dismissal, absence without leave, and other matters.
Narayan adds that the Force Routine Orders are weekly directives from the Police Commissioner, which are issued to officers when disciplinary action is taken.
She says these records are kept for 10 years before being transferred to the National Archives.
The trial continues this afternoon and is scheduled to conclude on the 29th of August.
Bainimarama and Qiliho allegedly made unwarranted demands to the then Acting Police Commissioner Rusiate Tudravu, to terminate the employment of two police officers from the Fiji Police Force.
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 menace 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.
Opposition Leader and former Minister for Defence, Inia Seruiratu says the Prime Minister has no authority to terminate police officers
Seruiratu took the stand as the first prosecution witness in the trial of former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho, who are accused of making unwarranted demands to dismiss two police officers.
He confirms the hiring and termination of police officers fall under the authority of the Commissioner of the Fiji Police Force.
When the Assistant DPP, Laisani Tabuakuro asked how the then Prime Minister Bainimarama communicated with his Ministers, Seruiratu said it was through cabinet meetings, social gatherings and calls.
He says he knew both Bainimarama and Qiliho from his time in the Republic of Fiji Military Forces.
When asked if Bainimarama or Qiliho had communicated anything about Bainimarama’s brother, Seruiratu denied it.
He says that only the then Acting Police Commissioner, Rusiate Tudravu, had raised concerns that his relationship with Bainimarama was not good.
Seruiratu says this tension stemmed from an incident where two police officers took a photo of Bainimarama’s brother while he was engaged in some work.
He also confirms that Tudravu assumed the Acting Commissioner of Police role when Qiliho left for overseas studies.
Seruiratu says terminating officers was not his responsibility, and if he were to do so, it would have been unlawful as it was outside his powers as a Minister.
He agreed that the Prime Minister also has no authority to terminate police officers.
During cross-examination, defence counsel Devanesh Sharma asked if Tudravu had followed up on the concern he raised.
Seruiratu replied that no further discussion took place.
There was also a dispute between Suva High Court Judge Justice Thushara Rajasinghe and Tabuakuro regarding how the agreed facts were submitted.
Justice Rajasinghe says the agreed facts should be tendered through a proper application, while the State argued that once the agreed facts are signed by the court, they are accepted as evidence.
The trial is scheduled to conclude on the 29th of August.
The two allegedly made unwarranted demands to the then Acting Police Commissioner Rusiate Tudravu, to terminate the employment of two police officers from the Fiji Police Force.
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 menace 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.
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.
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Defence lawyer Devanesh Sharma asked Police Director Legal, Rajesh Krishna if Rusiate Tudravu was legally appointed as Acting Police Commissioner by the President on the recommendation of the Constitutional Offices Commission, to which Krishna replied that he had seen a confidential record which showed Tudravu’s appointment.
This was asked during the trial of former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho where the two are accused of making unwarranted demands to dismiss the two police officers.
Sharma also asked Krishna if he was aware of the search warrant served by the Police CID at the COC office to look for an appointment letter of Tudravu as Acting Commissioner, to which Krishna said he did not.
The defence counsel also argued that former Commissioner of Police Sitiveni Qiliho can review what the then Acting Commissioner of Police Rusiate Tudravu did in terms of Sergeant Penieli Ratei and Police Constable Tomasi Naulu under the Police Act section 33(1).
High Court Judge Justice Thushara Rajasinghe stated that even if the Acting Commissioner punished someone, the returning Commissioner cannot review because he was acting in the role.
Justice Rajasinghe says the interpretation of section 32 and 33 of the Police Act is purely a legal opinion.
The trial will continue today.
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 menace 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 of Ratei and Naulu.
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.
Sergeant Laitia Temo informed the court that during a caution interview at the CID Headquarters, the former Prime Minister Voreqe Bainimarama confirmed that he had asked the then Acting Police Commissioner, Rusiate Tudravu to address a concern raised by his brother, Jonacani Bainimarama.
Temo testified that during the interview, Bainimarama was asked whether his brother had ever raised any issue regarding the Police Force.
He says Bainimarama replied that he had, explaining that Jonacani complained about his photo being in a Police Viber group after it was taken without permission by two police officers.
Bainimarama is charged with one count of unwarranted demand made by a public official while former Police Commissioner, Sitiveni 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.
When State Counsel Pooja Mishra asked Temo what Bainimarama said when questioned about whether Tudravu acted on his advice, Temo said Bainimarama responded that he did not know.
Temo says his primary role in the case was to analyse Bainimarama’s call records from 1st May to 31st December 2021.
He says between 22nd May and 25th June, there were call exchanges between Jonacani Bainimarama, Voreqe Bainimarama, and Rusiate Tudravu.
During cross-examination, defence counsel Devanesh Sharma asked Temo if he knew what was discussed in those calls.
Temo says he did not and agreed that it could not be confirmed who was using the phones at the time.
He also confirmed that Bainimarama and Tudravu did not call each other after 1st August.
Meanwhile, Inspector Paula Kaikai, who conducted the caution interview, was also cross-examined by Sharma, who asked whether he was “fishing” for information from Bainimarama without providing any Viber messages showing the questions asked.
Kaikai says he could not recall if the Viber messages were provided and confirmed they relied solely on documents from the investigating team.
Kaikai also confirmed that Bainimarama was cooperative and answered all questions put to him.
Tudravu is expected to give evidence tomorrow, concluding the State’s witnesses.
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.
Director of CID, Serupepeli Neiko, who was the then Director of Narcotics has confirmed that former Prime Minister Voreqe Bainimarama’s brother, Jonacani Bainimarama, was a police informer.
Bainimarama is charged with one count of unwarranted demand made by a public official while former Police Commissioner, Sitiveni 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 giving evidence in the trial, Neiko says Jonacani was a taxi driver and was arrested with two others in Lami in 2021.
He says that Jonacani was not charged because he agreed to assist police by providing information on drug movements.
The Director CID says the then Acting Police Commissioner, Rusiate Tudravu had asked him to take a statement regarding a photo taken by two police officers.
He confirmed that Tudravu was aware Neiko knew Jonacani because he had been an informer for about a year, from 2020 to 2021.
During cross-examination, defence counsel Devanesh Sharma asked if circulating a photo of an informer could pose a risk to their life.
Neiko responded that the concerns raised by Jonacani Bainimarama were genuine, as the identities of informers are highly protected.
Meanwhile, Inspector Suliasi Dulaki also gave evidence that on the 7th of August this year, he had prepared a search warrant for Qiliho, as well as the Acting Commissioner Tudravu’s appointment letter and any other necessary documents.
Dulaki says the documents did not include contract copies.
He also confirmed that he did not know when Tudravu began his acting position.
Tudravu is expected to give evidence today, concluding the State’s witnesses.
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.
Commissioner of Police Rusiate Tudravu has told the court that within the first few months of him taking the post of COMPOL, his line Minister, the Prime Minister and other Ministers have not directed him to do anything.
While giving evidence in the trial of former Prime Minister Voreqe Bainimarama and former Police Commissioner, Sitiveni Qiliho who allegedly made unwarranted demands to him in 2021 as the then Acting Police Commissioner to terminate the employment of two police officers from the Fiji Police Force, Tudravu says he feels that he has been left on his own and given the liberty to conduct himself.
The trial continues in the Suva High Court.
Bainimarama is charged with one count of unwarranted demand made by a public official while former Police Commissioner, Sitiveni Qiliho is charged with two counts of abuse of office.
Director of CID, Serupepeli Neiko, who was the then Director of Narcotics has confirmed that former Prime Minister Voreqe Bainimarama’s brother, Jonacani Bainimarama, was a police informer.
Bainimarama is charged with one count of unwarranted demand made by a public official while former Police Commissioner, Sitiveni 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 giving evidence in the trial, Neiko says Jonacani was a taxi driver and was arrested with two others in Lami in 2021.
He says that Jonacani was not charged because he agreed to assist police by providing information on drug movements.
The Director CID says the then Acting Police Commissioner, Rusiate Tudravu had asked him to take a statement regarding a photo taken by two police officers.
He confirmed that Tudravu was aware Neiko knew Jonacani because he had been an informer for about a year, from 2020 to 2021.
During cross-examination, defence counsel Devanesh Sharma asked if circulating a photo of an informer could pose a risk to their life.
Neiko responded that the concerns raised by Jonacani Bainimarama were genuine, as the identities of informers are highly protected.
Meanwhile, Inspector Suliasi Dulaki also gave evidence that on the 7th of August this year, he had prepared a search warrant for Qiliho, as well as the Acting Commissioner Tudravu’s appointment letter and any other necessary documents.
Dulaki says the documents did not include contract copies.
He also confirmed that he did not know when Tudravu began his acting position.
Tudravu is expected to give evidence today, concluding the State’s witnesses.
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.
The abuse of office trial of former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho has been adjourned to tomorrow.
The two appeared before Suva High Court Judge Justice Thushara Rajasinghe.
The Office of the Director of Public Prosecutions has asked for the case to be adjourned as State Counsel Laisani Tabuakoro is unwell.
Defence counsel Gul Fatima was also excused as well due to being sick.
State Counsel Pooja Mishra also indicated to the court that an extraction process is currently underway on Bainimarama's old phone.
Mishra says they still have 5 witnesses remaining.
Defence Counsel Devanesh Sharma asked the court that they could be given some time as the State is springing new things upon them so that they can prepare.
Justice Rajasinghe then assured Sharma that they will be given time to counter.
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 of Ratei and Naulu.
State Counsel Laisani Tabuakuro has informed the High Court in the trial of former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho that Australian Federal Police technicians will arrive by the end of this week with machines to extract the information from Bainimarama’s old iPhone they have managed to locate.
Tabuakuro says they have been attempting to extract data from it since last week but have been unable to retrieve information from August 2021.
The State Counsel says they believe the phone the Planning and Coordinating Officer at the Prime Minister's Office, William Pawa has belonged to former Prime Minister Voreqe Bainimarama and was used in 2021 to send Viber messages.
She says they were able to track the phone with the IMEI number provided by Vodafone Fiji.
While giving evidence in the trial, State witness Pawa says he assisted in recovering some items from Bainimarama when his term as the Prime Minister ended.
He says the Apple screen was replaced by Bainimarama, while the iPhone 12 Pro that was returned had a serial number.
Pawa testified that he later asked the former Prime Minister if he could use the iPhone 12 Pro.
When Tabuakuro asked if his superiors were aware of this personal arrangement, Pawa confirmed they were not.
Pawa says he received the phone in August 2023 and used it until last Thursday, when police collected it.
During cross-examination, defence counsel Devanesh Sharma asked how Pawa knew if the phone he received was new.
He replied that he believed it was new because the iCloud did not require any password.
Bainimarama is charged with one count of unwarranted demand made by a public official, while former Police Commissioner Sitiveni Qiliho is charged with two counts of abuse of office.
It is alleged that Bainimarama and Qiliho made unwarranted demands to then Acting Police Commissioner Rusiate Tudravu, directing him to terminate the employment of certain police officers from the Fiji Police Force.
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.
Corporal Amelia Kamsoo informed the Suva High Court in the trial of former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho that the then Acting Police Commissioner, Rusiate Tudravu’s official phone was disposed in 2021.
While giving her evidence remotely Kamsoo confirmed that Tudravu’s official phone, a Samsung Note 20 Ultra, was returned when he resigned.
She says the phone was later disposed as rubbish and is no longer with the Fiji Police Force.
The Corporal says the phone was returned in a damaged condition, with the screen blank.
During cross-examination by defence counsel Devanesh Sharma, Kamsoo mentioned that the phone was taken to Fonoelogy for examination, who confirmed it was beyond repair as something was wrong with the mother board.
She further says that no attempts were made to retrieve the data, and the phone was thrown away about a month after Tudravu’s resignation in 2021.
Meanwhile, Inspector Mikaele Coka testified that the issuance of all electronic gadgets within the Force is recorded, including the phone type, serial number and officer’s name.
He says the gadgets are provided by Vodafone Fiji.
Coka says the officers are required to return their phones upon resignation and must lodge a report if they lose it so that the unit can track the device.
Suva High Court Judge Justice Thushara Rajasinghe asked Sharma if he was planning to file a no case to answer application.
Sharma responded that they are not planning to file the application at this stage.
The matter has been adjourned to next Monday.
Bainimarama is charged with one count of unwarranted demand made by a public official, while former Police Commissioner Sitiveni Qiliho is charged with two counts of abuse of office.
It is alleged that Bainimarama and Qiliho made unwarranted demands to then Acting Police Commissioner Rusiate Tudravu, directing him to terminate the employment of certain police officers from the Fiji Police Force.
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.
State Counsel Laisani Tabuakuro informed the Suva High Court in the trial of former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho that Australian Federal Police technicians were unable to extract information from Bainimarama’s old iPhone.
Tabuakuro says that since the phone was reset, all data had been deleted.
The intention of the extraction was to recover Viber messages between Bainimarama and the then Acting Police Commissioner Rusiate Tudravu.
She says that the extraction process has been completed, and the defence will need time to go through the extraction report.
The trial will resume tomorrow.
Closing submissions will be made this Thursday before Suva High Court Judge Justice Thushara Rajasinghe.
An officer from the Cyber Crime Unit and the Investigating Officer are yet to give their evidence.
Bainimarama is charged with one count of unwarranted demand made by a public official, while former Police Commissioner Sitiveni Qiliho is charged with two counts of abuse of office.
It is alleged that Bainimarama and Qiliho made unwarranted demands to then Acting Police Commissioner Rusiate Tudravu, directing him to terminate the employment of certain police officers from the Fiji Police Force.
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.
Former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho may possibly take the stand today in their trial to give evidence, but discussions are still ongoing.
The Prosecution closed its case today.
Defence counsel Devanesh Sharma informed High Court Judge Justice Thushara Rajasinghe that they will let the court know tomorrow if Bainimarama and Qiliho will give evidence.
The defence was granted time in the courtroom to brief Qiliho on the case and he has to be escorted to Naboro Prison at around 4.30 this afternoon.
During the trial today, the Investigating Officer Tomasi Cabecuva informed the Court that when they approached the then Acting Police Commissioner Rusiate Tudravu to give a statement, he was reluctant.
Cabecuva says Tudravu told them that he had moved on with his life.
He adds that on 3rd June 2023, he interviewed former Police Commissioner Sitiveni Qiliho through a Video Recorded Interview.
The Investigating Officer says that on 14th August this year, he was asked to locate Bainimarama and Tudravu’s phones that were used in 2021.
He told the court that the Police Communication Department informed him Tudravu’s phone was disposed of in 2021, while Bainimarama’s phone was found registered under the name William Pawa.
During cross-examination, Sharma asked why Qiliho was charged for an arbitrary act.
Cabecuva responded that Qiliho had terminated the officers while they were already serving another punishment.
Sharma also asked if he had attempted to extract information from Bainimarama’s phone before 23rd March 2023.
He responded no.
Sharma then said the phone was reset on 23rd March 2023 and that all data was available before that date.
Meanwhile, Digital Forensic Officer Savenaca Joape said he was asked to extract Viber messages from Bainimarama’s iPhone 12 Pro.
He told the court he could not extract data from 2022 because the factory reset had erased everything.
Joape says after that, Australian Federal Police technicians were approached to assist.
Justice Rajasinghe then asked if they had approached the service providers to extract the information.
He says no, explaining that it takes time because they have to go through several channels.
Sharma confirmed that he will not be applying for a No Case to Answer application.
Bainimarama is charged with one count of unwarranted demand made by a public official, while former Police Commissioner Sitiveni Qiliho is charged with two counts of abuse of office.
It is alleged that Bainimarama and Qiliho made unwarranted demands to then Acting Police Commissioner Rusiate Tudravu, directing him to terminate the employment of certain police officers from the Fiji Police Force.
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.
Former Prime Minister Voreqe Bainimarama has stressed in the High Court today that the allegations against him are not true.
Bainimarama is charged with one count of unwarranted demand made by a public official, while former Police Commissioner Sitiveni Qiliho is charged with two counts of abuse of office for sacking two police officers in 2021.
While taking the stand in court today, the former Prime Minister said that he never demanded the then Acting Police Commissioner, Rusiate Tudravu to resign.
Bainimarama says his elder brother, Jonacani Bainimarama, had complained that his photo was shared in a Police Viber group and that he felt embarrassed about it.
Bainimarama says he then called and later met with Tudravu about the matter.
He says Tudravu informed him that he would speak to the officers involved, and Bainimarama was satisfied with that response.
The former Prime Minister also stressed that he never sent Viber messages to Tudravu regarding his brother's complaint.
He further said that after this discussion, they never spoke about the issue again.
He says he was not aware of an officer being convicted after a Police Tribunal was set up.
Bainimarama says he was confused when Tudravu gave his evidence about the allegation because he never demanded for his resignation.
The former Prime Minister adds that if Tudravu had anything against him, he would not have accepted his invitation to become Chair of the Tailevu Provincial Council.
He also told the court that he always maintained an open-door policy, where he engaged with Ministers, Permanent Secretaries, and Police officers regarding people’s concerns.
The cross-examination is expected to continue after the break.
It is alleged that Bainimarama and Qiliho made unwarranted demands to then Acting Police Commissioner Rusiate Tudravu, directing him to terminate the employment of certain police officers from the Fiji Police Force.
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.
Former Prime Minister Voreqe Bainimarama told the High Court today that he never directed police officers to do things the way he wanted.
During cross-examination, State Counsel Laisani Tabuakuro asked Bainimarama if he had threatened the then Acting Police Commissioner Rusiate Tudravu by saying, “If you don’t terminate them, you’ll lose your job.”
Bainimarama said he did not threaten Tudravu to resign.
He told the court that when he spoke to Tudravu about his brother Jonacani Bainimarama’s complaint, he expected Tudravu to take action.
Tabuakuro also asked Bainimarama if Qiliho had any police experience when he was appointed Acting Police Commissioner in 2015.
Bainimarama replied that Qiliho did not, but as a military officer, he believed Qiliho could handle the work.
The former Prime Minister says he returned his official phone to the Planning and Coordinating Officer at the Prime Minister’s Office, William Pawa, after his term ended.
He adds that he was unsure if he gave Pawa his password to change it.
Bainimarama said he does not know what action was taken on his concerns. He also told the court that during the trial he learned two police officers were convicted by the Police Tribunal for the matter raised.
Bainimarama has stressed that the allegations against him are not true.
Bainimarama is charged with one count of unwarranted demand made by a public official, while former Police Commissioner Sitiveni Qiliho is charged with two counts of abuse of office for sacking two police officers in 2021.
Bainimarama says his elder brother, Jonacani Bainimarama, had complained that his photo was shared in a Police Viber group and that he felt embarrassed about it.
Bainimarama says he then called and later met with Tudravu about the matter.
He says Tudravu informed him that he would speak to the officers involved, and Bainimarama was satisfied with that response.
The former Prime Minister also stressed that he never sent Viber messages to Tudravu regarding his brother's complaint.
He further said that after this discussion, they never spoke about the issue again.
It is alleged that Bainimarama and Qiliho made unwarranted demands to then Acting Police Commissioner Rusiate Tudravu, directing him to terminate the employment of certain police officers from the Fiji Police Force.
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.
Former Police Commissioner Sitiveni Qiliho told the High Court today that he terminated Sergeant Penieli Ratei and Police Constable Tomasi Naulu in 2021 for downplaying the seriousness of a crime.
Qiliho says both officers lied when they claimed they were not aware that photos of members of the public and informers should not be circulated, adding that this is something they are taught during training.
He explained that profiling suspected people is about gathering their information, not taking their photos.
Qiliho also says that he was never part of any Viber group where photos of people were shared, otherwise he would have stopped it, as the security of informers is very important to him.
He says the matter reflected ignorance of the law, and he used his powers to dismiss the officers for misconduct.
Qiliho told the court that when he resumed duties after overseas studies, he reviewed everything that had transpired to update himself, as he had noticed the crime rate had increased.
He further says that when he returned from overseas study in 2021, he spent 14 days in quarantine and instructed the then Acting Commissioner Rusiate Tudravu to send him anything that required his decision.
Qiliho says he believes that he had the powers to deal with the case upon his return. The former Police Commissioner further stressed that there was no interference from the then Prime Minister Voreqe Bainimarama in his work.
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 and Qiliho made unwarranted demands to then Acting Police Commissioner Rusiate Tudravu, directing him to terminate the employment of certain police officers from the Fiji Police Force.
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 and Qiliho arriving at court for the trial for the sacking of two police officers in 2021 #fiji #fyp #bainimaramaqilihocourtcase #court ♬ original sound - fijivillage
Even though former Acting Police Commissioner Rusiate Tudravu was in charge at the Police Headquarters under contract until August 5th 2021, former Police Commissioner Sitiveni Qiliho maintains that as soon as he landed in Fiji, the position reverted to him as the substantial holder of the post.
Qiliho said this under cross examination in the High Court by State Counsel, Laisani Tabuakoro.
Qiliho says just like any overseas trip, as soon as he landed in Fiji, he retained his position as Commissioner.
He was also adamant that he had powers to review Tudravu's decisions as Acting Commissioner.
The former Commissioner also says prior to this trial, he did not know of the appointment of Tudravu as the Acting Commissioner by the Constitutional Officers Commission.
When questioned of his relationship with Bainimarama as he was his junior officer in the military, Qiliho says they maintain a professional relationship, not friends to which the State Counsel says but he calls you Tuks.
Qiliho maintained that the nickname was given to him when he went through Basic Training in 1988 by his team.
Bainimarama is charged with one count of unwarranted demand made by a public official, while former Police Commissioner Sitiveni Qiliho is charged with two counts of abuse of office for sacking two police officers in 2021.
It is alleged that Bainimarama and Qiliho made unwarranted demands to then Acting Police Commissioner Rusiate Tudravu, directing him to terminate the employment of certain police officers from the Fiji Police Force.
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.
The trial will continue tomorrow.
The closing submissions for the case where the former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho allegedly made unwarranted demands to the then Acting Commissioner of Police Rusiate Tudravu to sack two police officers in 2021, will be held next Monday.
State Counsel Laisani Tabuakuro said to Qiliho during the cross examination that his comments that Bainimarama had no control over him is untrue because Bainimarama was his employer and the Chairman of the Constitution Offices Commission.
However Qiliho stood his ground and disagreed with the State.
He says the Constitution Offices Commission is the appointing authority, and once he gets that appointment, he will be independent.
When asked by Tabuakuro if he had known that Jonacani Bainimarama was dealing with drugs, Qiliho says he was informed by Serupepeli Neiko, the Director of Narcotics, that Jonacani was an informant.
While being re-examined by defence lawyer Devanesh Sharma, Qiliho stressed that the only time he had seen the appointment document of Tudravu as Acting Police Commissioner was in court.
@fijivillage.com Qiliho stands ground that Bainimarama had no control over him and the Police Force #fiji #fyp ♬ original sound - fijivillage
He says he had written a letter to Tudravu that he is appointing him to the Acting Commissioner position on the 30th of July 2020, but he did not see the letter from the President until the trial.
Qiliho is charged with two counts of abuse of office for sacking two police officers in 2021, while Bainimarama is charged with one count of unwarranted demand made by a public official.
It is alleged that Bainimarama and Qiliho made unwarranted demands to then Acting Police Commissioner Rusiate Tudravu, directing him to terminate the employment of certain police officers from the Fiji Police Force.
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.
The closing submissions in the trial of former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho have been adjourned to Thursday.
This follows a request from State Counsel Pooja Mishra, who asked High Court Judge Justice Thushara Rajasinghe for more time due to extensive legal research.
Defence counsel Devanesh Sharma says that Acting DPP Laisani Tabuakuro had emailed him yesterday to inform him that more time was being sought.
Sharma adds that he is ready with his submission, but the adjournment will give them additional time to improvise their arguments.
Justice Rajasinghe has asked both counsels to include clarification on the charges, particularly the issue of "unwarranted demand."
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 for sacking two police officers in 2021.
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.
Defence counsel Devanesh Sharma argued during the closing submissions in the trial of former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho, that the then Acting Police Commissioner Rusiate Tudravu’s statement is not credible.
Sharma says this was because Tudravu was reluctant to give evidence and only spoke after Qiliho was suspended.
He further submitted that there is no evidence that Bainimarama and Tudravu had any conversation on 4th August, 2021 regarding the alleged threats.
Sharma highlighted that when Tudravu resigned on 11th August 2021, no harm was shown, his annual leave was approved, government quarters were granted and he left on his own terms.
He says there is a possibility that Tudravu resigned because he did not like his decisions being reviewed by Qiliho.
The defence counsel maintained that the State has not proven its case beyond reasonable doubt.
He says it was reasonable that when Qiliho returned on 28th July 2021, he resumed the position of Commissioner.
Meanwhile, the Assistant Director of Public Prosecutions, Laisani Tabuakuro submitted that the State has proven its case beyond reasonable doubt.
Tabuakuro says they did not rely on just one witness but called 20 witnesses.
She says that Bainimarama made unwarranted demands as Prime Minister to the then Police Commissioner, which were improper and influenced Tudravu’s duties.
She says there was no legal basis to make the demand.
Tabuakuro further says that Opposition MP Inia Seruiratu also gave evidence that he does not have the power to terminate police officers, as it would be unlawful.
The State Counsel adds that Qiliho acted in bad faith.
They have urged the Court to consider different version of Qiliho’s statement during the caution interview and while taking the stand.
Suva High Court Judge Justice Thushara Rajasinghe questioned what evidence exists of any allegiance from Qiliho to Bainimarama.
Tabuakuro admitted there is no evidence that Bainimarama and Qiliho were in contact during the time of the alleged incident.
Justice Rajasinghe stressed that he wanted everything clarified before delivering his judgment.
The closing submission will continue this afternoon.
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 for sacking two police officers in 2021.
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.
High Court Judge Justice Thushara Rajasinghe is expected to deliver his judgement on 12th September in the case where former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho are charged with allegedly making an unwarranted demand on the then Acting Police Commissioner Rusiate Tudravu.
Justice Rajasinghe said he will try his best to deliver the judgement on 12th September, but if it is not ready, it will be delivered on 26th September.
Defence counsel Devanesh Sharma also confirmed that Qiliho, who is serving a two-year sentence, will be released on Monday.
While making his closing submission, Sharma argued that Tudravu fabricated allegations that he was pressured by Bainimarama.
He questioned why Tudravu did not take screenshots of the alleged Viber messages from Bainimarama and why he waited over 570 days before going to the CID.
Sharma says the reluctance was not because it happened but because Tudravu had fabricated it.
He stresses that Tudravu knew exactly what he was doing and it was convenient that the Viber messages were deleted.
The defence counsel also urged the court to consider Tudravu’s demeanor in court and asked whether it was of a frightened man.
Sharma also says that those are hollow words that Tudravu was under pressure as he is the senior most police officer and Bainimarama had no teeth to make demands and that he did not have to listen to him as the fines imposed on the two police officers were of his own choice.
He also says that Qiliho harbours no ill-will against Tudravu as he had appointed him as Acting Police Commissioner, relied on him and allowed him to resign on his own terms which is evidenced by his resignation letter where he said he resigned at the pinnacle of his career.
Sharma says Tudravu’s statement is not credible as he was reluctant to give evidence and only spoke after Qiliho was suspended.
He further submitted that there is no evidence that Bainimarama and Tudravu had any conversation on 4th August, 2021 regarding the alleged threats.
Sharma highlighted that when Tudravu resigned on 11th August 2021, no harm was shown, his annual leave was approved, government quarters were granted and he left on his own terms.
He says there is a possibility that Tudravu resigned because he did not like his decisions being reviewed by Qiliho.
The defence counsel maintained that the State has not proven its case beyond reasonable doubt.
He says it was reasonable that when Qiliho returned on 28th July 2021, he resumed the position of Commissioner.
Sharma argued that as the Commissioner, he could review Tudravu’s decision however, after questions from Justice Rajasinghe, Sharma conceded that the decision of one Commissioner cannot be reviewed again by another Commissioner just as a judge’s decision cannot be reviewed by another judge just because that decision was not made by him.
Meanwhile, the Assistant Director of Public Prosecutions, Laisani Tabuakuro, while responding to Sharma, says Tudravu had said that he did not take any screenshots of the Viber messages as it was immediately deleted.
She says it was a shock to him that it had happened.
Tabuakuro says new speculation is now being introduced by the defence that Tudravu wanted to be the Commission but this inference cannot be made.
She says the pinnacle of Tudravu’s career was not as Acting Commissioner but he is at his pinnacle now.
The Assistant DPP submitted that the State has proven its case beyond reasonable doubt.
Tabuakuro says they did not rely on just one witness but called 20 witnesses.
She says that Bainimarama made unwarranted demands as Prime Minister to the then Police Commissioner, which were improper and influenced Tudravu’s duties.
She says there was no legal basis to make the demand.
Tabuakuro further says that Opposition MP Inia Seruiratu also gave evidence that he does not have the power to terminate police officers, as it would be unlawful.
The State Counsel adds that Qiliho acted in bad faith.
They have urged the Court to consider different version of Qiliho’s statement during the caution interview and while taking the stand.
Suva High Court Judge Justice Thushara Rajasinghe questioned what evidence exists of any allegiance from Qiliho to Bainimarama.
Tabuakuro admitted there is no evidence that Bainimarama and Qiliho were in contact during the time of the alleged incident.
Justice Rajasinghe stressed that he wanted everything clarified before delivering his judgment.
Bainimarama faces one count of making an unwarranted demand as a public official, while Qiliho faces two counts of abuse of office for sacking two police officers in 2021.
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.
High Court Judge Justice Thushara Rajasinghe will deliver his judgement on 26th September in the case against former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho, who are accused of allegedly making an unwarranted demand on then Acting Police Commissioner Rusiate Tudravu.
Qiliho was released on Monday after serving a little more than a year in his two year sentence for a previous abuse of office conviction.
The maximum penalty for abuse of office is 10 years imprisonment.
The Crimes Act states that if the act is done or directed to be done for gain, then the maximum penalty is 17 years imprisonment.
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 menace to the 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.
In Qiliho’s case, 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.
The judgement of former Prime Minister Voreqe Bainimarama and former Police Comissioner Sitiveni Qiliho is not ready, and High Court Judge Justice Thushara Rajasinghe will now deliver the ruling next Thursday.
Justice Rajasinghe has asked both parties to make further submissions on the Acting Police Commissioner's appointment.
Justice Rajasinghe wants their interpretation on section 163 subsection 2, section 129 subsection 4, section 100 subsection 4 and section 135 subsection 4.
Both parties will make their submissions by next Tuesday afternoon.
They are accused of allegedly making an unwarranted demand on the then Acting Police Commissioner Rusiate Tudravu.
Bainimarama is charged with one count of unwarranted demand made by a public official, while Qiliho has been charged with two counts of abuse of office.
The maximum penalty for the charge of unwarranted demand made by a public official is 12 years imprisonment.
The maximum penalty for abuse of office is 10 years imprisonment.
The Crimes Act states that if the act is done or directed to be done for gain, then the maximum penalty is 17 years imprisonment.
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 menace to the 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.
In Qiliho’s case, 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.
Former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho, who are accused of allegedly making an unwarranted demand on then Acting Police Commissioner Rusiate Tudravu, will know their fate later this morning. High Court Judge Justice Thushara Rajasinghe will deliver his judgement at 11.30am today after earlier adjourning the matter as he needed clarification on Tudravu’s appointment as the Acting Commissioner.
Bainimarama is charged with one count of unwarranted demand made by a public official, while Qiliho has been charged with two counts of abuse of office.
The maximum penalty for the charge of unwarranted demand made by a public official is 12 years imprisonment.
The maximum penalty for abuse of office is 10 years imprisonment.
The Crimes Act states that if the act is done or directed to be done for gain, then the maximum penalty is 17 years imprisonment.
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 menace to the 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.
In Qiliho’s case, 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.
Stay with us for developments.
Former Prime Minister Voreqe Bainimarama has been found guilty of one count of unwarranted demand made to a public official while former Police Commissioner Sitiveni Qiliho has been found not guilty of two counts of abuse of office.
High Court Judge, Justice Thushara Rajasinghe has said that the prosecution has proven beyond reasonable doubt that Bainimarama had made unwarranted demands to the then Acting Police Commissioner Rusiate Tudravu.
The judge has said that Bainimarama had no authority to demand police officers to be terminated.
The judge has highlighted that both Bainimarama and Qiliho admitted that they communicated with Tudravu regarding the incident where Bainimarama’s brother's photo was circulated in a viber group.
He has said that an important aspect of former Defence Minister, Inia Seruiratu's evidence is that he told Tudravu to stay calm and discuss with Bainimarama.
Justice Rajasinghe says this supports Tudravu’s evidence where he waited before resigning on August 11th 2021.
The judge adds under the constitution, the Prime Minister has no authority to remove the Police Commissioner.
He stresses there was no legal power for Bainimarama to remove Tudravu as Acting Commissioner or Deputy Commissioner.
The maximum penalty for the charge of unwarranted demand made by a public official is 12 years imprisonment.
He also says that Tudravu was appointed as Acting Police Commissioner because Qiliho was away for overseas study, and Tudravu’s acting appointment expired when Qiliho returned.
The judge says the prosecution has failed to prove that Qiliho could not do the duties of his office.
He says terminating police officers by Tudravu was not unlawful and the prosecution failed to prove that Qiliho’s act was arbitrary.
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 menace to the 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.
The sentencing hearing will take place on the 14th of this month.
They have 30 days to appeal the judgement.
Assistant Director for Public Prosecutions, Laisani Tabuakuro has submitted that former Prime Minister, Voreqe Bainimarama should receive custodial sentencing while defence counsel Devanesh Sharma says that the conviction is sufficient in this matter regarding case of the sacking of Police officers.
Tabuakuro in her submission stated that they are unable to provide a preferred sentence as they couldn't find anything on unwarranted demand made by a public official.
She says breach of trust and undermining of the institution are two aggravating factors in this case.
The Assistant DPP says the higher the position, the higher the trust.
She says a custodial sentence will be a reminder to officers that if you engage in such offence, you will be charged and sentenced.
She says absolute discharge is not applicable under this charge.
Tabuakuro further says that health factor can be considered for Bainimarama by ensuring that he has access to medication and health equipment.
She says good character can't be considered because there's a breach of trust.
Meanwhile, defence counsel Devanesh Sharma submitted the starting sentence of 3 years.
He says the position of the Prime Minister shouldn't be an aggravating factor and that the DPP hasn't established the motive in this case.
Sharma says a conviction is already a deterrent for a politician.
He says Bainimarama is no threat to the community.
The defence counsel asked for non supervised community service for Bainimarama, and if sentenced to 3 years then the judge has the right to suspend it or fine him.
He also stressed that Bainimarama suffers from sleep apnea where his breathing passage is not clear while sleeping and he can choke to death.
Suva High Court Judge Justice Thushara Rajasinghe will sentence Bainimarama next Wednesday.
The maximum penalty for the charge of unwarranted demand made by a public official is 12 years imprisonment.
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 menace to the 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.
State asks for custodial sentence for Bainimarama while defence asks for non-custodial sentence
— fijivillage (@fijivillage) October 14, 2025
Read more : https://t.co/nJ75rtUQ2J pic.twitter.com/oAy3ar1UC4
Former Prime Minister Voreqe Bainimarama, who has been found guilty as the first person to make an unwarranted demand to a public official, will be sentenced this afternoon.
Bainimarama was found guilty on the 2nd of October, while former Police Commissioner Sitiveni Qiliho was acquitted after being found not guilty.
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 menace to the 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.
Assistant Director of Public Prosecutions, Laisani Tabuakuro says the former Prime Minister should receive a custodial sentence, while defence counsel Devanesh Sharma argues that a conviction is sufficient in this matter.
The maximum penalty for the charge of making an unwarranted demand by a public official is 12 years imprisonment.
Sentencing is scheduled for 2.30 this afternoon.
Former Prime Minister, Voreqe Bainimarama has been sentenced to 12 months imprisonment suspended for 3 years after being found guilty of making unwarranted demands to sack two Police officers.
This means that he will not be going into prison unless he commits an offence.
Speaking after the sentencing, Bainimarama thanked his lawyers, Devanesh Sharma and Gul Fatima.
He also acknowledged his family and friends for their support and prayers.
Before a packed court room this afternoon, High Court Judge, Justice Thushara Rajasinghe said that on the 2nd of October this year, it was proven that Bainimarama made unwarranted demands to sack two Police officers.
The judge has told Bainimarama that he deleted his viber message sent to the then Acting Police Commissioner, Rusiate Tudravu, and then asked him to resign.
He said that as the Prime Minister, Bainimarama had a duty of responsibility to the people.
Justice Rajasinghe earlier found Bainimarama guilty for making an unwarranted demand to a public official.
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 menace to the 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.
The maximum penalty for the charge of making an unwarranted demand by a public official is 12 years imprisonment.
The judge has given 30 days to appeal the sentence.
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