The hearing on the application by former Prime Minister Voreqe Bainimarama and suspended Police Commissioner Brigadier General Sitiveni Qiliho’s application for Acting Chief Justice Salesi Temo to recuse himself from their USP case will be held next Thursday.
They have filed for the recusal after the Office of the Director of Public Prosecutions had filed an appeal against Magistrate Seini Puamu’s decision to not file convictions against Bainimarama and Qiliho and absolutely discharge Bainimarama and fine Qiloho.
The grounds for recusal relate to the comments made by Justice Temo regarding Magistrate Puamau’s conduct while sentencing Bainimarama and Qiliho.
The grounds also include John Rabuku’s appointment as Acting Director of Public Prosecutions which Justice Temo was a part of as the Chair of the Judicial Services Commission.
Bainimarama and Qiliho’s lawyers are also calling on a stay on the DPP’s appeal until the Supreme Court provides its opinion in relation to the application of section 105(2)(b) of the Constitution which sets out the requirements for the appointment to a constitutional office.
According to section 105(2)(b) of the Constitution, a person is not qualified for appointment as a Judge unless he or she has had not less than 15 years post-admission practice as a legal practitioner in Fiji or in another country prescribed by law, and has not been found guilty of any disciplinary proceeding involving legal practitioners whether in Fiji or abroad, including any proceeding by the Independent Legal Services Commission or any proceeding under the law governing legal practitioners, barristers and solicitors prior to the establishment of the Independent Legal Services Commission.
In July, Rabuku was publicly reprimanded, suspended from practice for three months and fined $500 to be paid to the Independent Legal Services Commission for an allegation of professional misconduct.
The Supreme Court will deliver its opinion on the 28th of June.
The recusal matter will be heard in open court on Thursday following which the court will hear the matter where the Office of the DPP has appealed Magistrate Puamau’s decision.
Last month, Justice Temo found Bainimarama and Qiliho guilty a charge each of attempt to pervert the court of justice and abuse of office respectively.
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