Defence argues in High Court if Tudravu was legally appointed as Acting COMPOL

Defence lawyer Devanesh Sharma asked Police Director Legal, Rajesh Krishna if Rusiate Tudravu was legally appointed as Acting Police Commissioner by the President on the recommendation of the Constitutional Offices Commission, to which Krishna replied that he had seen a confidential record which showed Tudravu’s appointment.

This was asked during the trial of former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho where the two are accused of making unwarranted demands to dismiss the two police officers.

Sharma also asked Krishna if he was aware of the search warrant served by the Police CID at the COC office to look for an appointment letter of Tudravu as Acting Commissioner, to which Krishna said he did not.

The defence counsel also argued that former Commissioner of Police Sitiveni Qiliho can review what the then Acting Commissioner of Police Rusiate Tudravu did in terms of Sergeant Penieli Ratei and Police Constable Tomasi Naulu under the Police Act section 33(1).

High Court Judge Justice Thushara Rajasinghe stated that even if the Acting Commissioner punished someone, the returning Commissioner cannot review because he was acting in the role.

Justice Rajasinghe says the interpretation of section 32 and 33 of the Police Act is purely a legal opinion.

The trial will continue today.

Bainimarama is charged with one count of unwarranted demand made by a public official while Qiliho is charged with two counts of abuse of office.

It is alleged that 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 then 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.

It is alleged that between the 5th to the 18th of August 2021 in Suva whilst being employed as the Commissioner of Police, Qiliho directed the termination of employment of Sergeant Penieli Ratei and Police Constable Tomasi Naulu without due process which was an abuse of office of his authority as the Commissioner of Police and the termination was prejudicial to the rights of Ratei and Naulu.