Bainimarama and Qiliho's appeal case to be called on 3rd December

The appeal against conviction and sentencing and bail pending appeal of former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho, will be called in the Appeals Court on the 3rd of December.

Bainimarama and Qiliho's lawyer, Gul Fatima applied for a stay against sentencing and an additional order to be added to the notice against conviction.

Acting DPP Nancy Tikoisuva says they will be filing an affidavit opposing bail pending appeal.

The hearing date will be determined later.

According to Fatima’s application, they are seeking that a directions be given for the appeal against conviction matter be heard before the appeal against sentence, that Bainimarama and Qiliho be granted leave to add a further ground of appeal to current grounds, that is that Acting Chief Justice Salesi Temo erred in law in immediately convicting the two Appellants after finding them guilty without in any way adhering to the requirements of section 16(1)(a), (b) and (c) of the Sentencing and Penalties Act and alternatively, the appeal against sentence filed by the State in the High Court be stayed or suspended pending the determination by the Supreme Court of the legality or otherwise of John Rabuku's appointment as Acting Director of Public Prosecutions.

They also seek that the State's appeal against sentence be stayed in the High Court until the determination of this appeal by the Court of Appeal against conviction as the appeal against conviction would be substantially prejudiced and rendered nugatory if the State's appeal against sentence proceeded first.

Their grounds for bail pending appeal are that Bainimarama and Qiliho have very strong chances of success on appeal, the appeal would be rendered nugatory if bail was not granted, there is a clear error of law made by the High Court in allowing the appeal on the ground of the DPP's grounds of appeal; the sentence of the Magistrates Court was not null and void; the Judge clearly erred in not recusing himself when he had predetermined the appeal against sentence on 3rd April 2024 and both persons have already filed an appeal against conviction, failure to recuse and sentence.

They further say the appeal was sanctioned by John Rabuku whose appointment as the Acting Director of Public Prosecutions has been rendered to have been made in breach of Section 105(2) of the Constitution by the Supreme Court of Fiji and any matter or action sanctioned by John Rabuku in his capacity as the Acting Director of Public Prosecutions would naturally be rendered null and void.

Bainimarama and Qiliho were brought handcuffed to the court escorted by Corrections officers.

Bainimarama is serving a 1 year sentence after being found guilty of one count of attempt to pervert the course of justice in the University of the South Pacific case while suspended Police Commissioner, Sitiveni Qiliho is serving a 2 years imprisonment sentence for the charge of abuse of office.