CID closed the file on USP after verbal instructions from Qiliho – State witness

A State witness in the trial of former Prime Minister Voreqe Bainimarama and suspended Police Commissioner Sitiveni Qiliho has told the Suva Magistrates Court that his minutes in the docket for investigations into USP states that they closed the file after verbal instructions by Qiliho not to carry out further investigations.

While responding to questions by Acting DPP Ratu David Toganivalu, CID Manager Major Fraud, Rajesh Kumar says he got this information from a briefing by Investigating Officer Rashmi Dass.

He says he did not enquire further on the verbal instructions that were given.

While responding to questions by defence lawyer, Devanesh Sharma if Kumar asked Qiliho whether he had given the instructions, Kumar says he did not ask him as it is a disciplinary offence and it is against authority so he cannot ask him.

He agreed that on 25th August, 2020 former Police Director of Intelligence, Investigations and Prosecutions, Biu Matavou wrote a letter to complainant, USP Staff Union General Secretary, Ilima Finiasi.

Kumar also agreed that Director CID Serupepeli Neiko was giving instructions on 21st August, 2020 and CID continued investigations.

When asked if he had until 31st August, 2020 anytime seen a minute from 15th July from the Qiliho to stop the investigation, Kumar says Dass had discussed this with him.

He says he did not put the verbal directive on paper and when questioned to confirm why he never made a file note on the instructions, Kumar says it was not directed to him.

Kumar also says he was never directly involved in direct instructions from the Police Commissioner.

When questioned why he used Qiliho’s directive from 2020 in 2022 to close the file, Kumar says they did try to continue investigations but had to stop it on the Chief Intelligence, Investigations and Prosecutions authority on 6th January, 2022.

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 and Nimisha Shankar are representing the State.

The trial continues on 2nd August.