Bainimarama and Qiliho hearing in dismissal of 2 police officers case

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.

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.

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.