Former Prime Minister Voreqe Bainimarama has been found guilty of one count of unwarranted demand made to a public official while former Police Commissioner Sitiveni Qiliho has been found not guilty of two counts of abuse of office.
High Court Judge, Justice Thushara Rajasinghe has said that the prosecution has proven beyond reasonable doubt that Bainimarama had made unwarranted demands to the then Acting Police Commissioner Rusiate Tudravu.
The judge has said that Bainimarama had no authority to demand police officers to be terminated.
The judge has highlighted that both Bainimarama and Qiliho admitted that they communicated with Tudravu regarding the incident where Bainimarama’s brother's photo was circulated in a viber group.
He has said that an important aspect of former Defence Minister, Inia Seruiratu's evidence is that he told Tudravu to stay calm and discuss with Bainimarama.
Justice Rajasinghe says this supports Tudravu’s evidence where he waited before resigning on August 11th 2021.
The judge adds under the constitution, the Prime Minister has no authority to remove the Police Commissioner.
He stresses there was no legal power for Bainimarama to remove Tudravu as Acting Commissioner or Deputy Commissioner.
The maximum penalty for the charge of unwarranted demand made by a public official is 12 years imprisonment.
He also says that Tudravu was appointed as Acting Police Commissioner because Qiliho was away for overseas study, and Tudravu’s acting appointment expired when Qiliho returned.
The judge says the prosecution has failed to prove that Qiliho could not do the duties of his office.
He says terminating police officers by Tudravu was not unlawful and the prosecution failed to prove that Qiliho’s act was arbitrary.
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 menace to the 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.
The sentencing hearing will take place on the 14th of this month.
They have 30 days to appeal the judgement.
