Bainimarama and Qiliho’s trial begins today

The trial of former Prime Minister Voreqe Bainimarama and suspended Commissioner of Police Sitiveni Qiliho begins today.

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 are represented by R Patel Lawyers Devanesh Sharma and Gul Fatima while Acting Director of Public Prosecutions, Ratu David Toganivalu is representing the State.

Meanwhile in March this year, the Office of the DPP had said that it remained concerned about the conduct of the Magistrate throughout the hearing in the case of Bainimarama and Qiliho.

DPP lawyer, Jayneeta Prasad had made an application for Magistrate Seini Puamau to recuse herself from the Bainimarama-Qiliho case on the grounds of apparent bias however it was denied in March. Prasad had requested to make the application in closed chambers however it was denied by the Magistrate.

The DPP lawyer says the alleged bias stems from comments made in the morning during the hearing on bail where Magistrate Puamau had said "they may come back into power again".

While responding to the application, Bainimarama and Qiliho’s lawyer, Devanesh Sharma had said they oppose the application as there has to be actual or apparent bias that goes to the heart of the fact.

He says the comments were made based on facts.

Sharma adds it is speculation what position Bainimarama may have in the future.

Magistrate Puamau denied the application stating that it does not meet the threshold for actual or apparent bias.

She says she can cite historical figures who came back into power such as Winston Churchill or Prime Minister Sitiveni Rabuka.

She further says that is how politics works and that the former Prime Minister, if interested, may stand again and Qiliho is only suspended.

The Magistrate says she did not intend to treat them differently.

The trial is expected to start at 10.30am today.

Stay with us for updates.