Former Prime Minister, Voreqe Bainimarama and suspended Police Commissioner, Brigadier General Sitiveni Qiliho will know their fate today as Suva Magistrate Seini Puamau is expected to deliver her ruling in their no case to answer application.
Bainimarama is charged with a count of attempt to pervert the course of justice while Qiliho is charged with a count of abuse of office.
It is alleged that Bainimarama sometime in July 2020 as the Prime Minister directed the Police Commissioner to stop the investigation into a police complaint, in the abuse of the authority of his office, which was an arbitrary act prejudicial to the rights of the University of the South Pacific which is the complainant.
It is alleged that Qiliho on the 15th of July, 2020 as the Police Commissioner directed the Director of the Criminal Investigations Department, Serupepeli Neiko and Inspector Reshmi Dass to stop investigations into the police complaint by the USP, in the abuse of the authority of his office, which was arbitrary act of prejudicial to the rights to USP.
Bainimarama and Qiliho's lawyer Devanesh Sharma filed the application on the ground that whatever Qiliho had said while he was being questioned and what Director of the Criminal Investigations Department, Serupepeli Neiko and USP investigating Officer Rashmi Dass had said cannot be used as it is hearsay.
Sharma had said Bainimarama had only suggested to stop the investigation into USP.
He had said there was insufficient evidence.
Sharma had also said that Bainimarama had said during the National Security Council meeting that he had suggested to Tuks but the State does not prove who Tuks is.
He also said that the charge against Bainimarama says that Bainimarama told Qiliho but Bainimarama was not telling but suggesting.
Acting DPP Ratu David Toganivalu had countered that no investigation into USP happened until 6th January 2022 when the file was closed.
He had said the statement by Bainimarama was an admission of conduct and that is corroborated by former Acting Police Commissioner Rusiate Tudravu and the court would have to look at what was meant when the words were suggested.
Stay with us for updates.
