Bainimarama and Qiliho to possibly take stand today for their trial

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.