Defence to file no case to answer tomorrow in Bainimarama and Qiliho trial

The defence will be submitting a no case to answer tomorrow in the trial of former Prime Minister Voreqe Bainimarama and suspended Commissioner Sitiveni Qiliho.

Yesterday, the prosecution had their final witness on the stand, which is the former Director CID Serupepeli Neiko.

During cross examination by defence lawyer, Devanesh Sharma, Neiko stood by his statement that Qiliho had directed him and the investigating officer, Reshmi Dass, to stop the investigation into USP.

Sharma then went into the Police Force Standing minutes for the 17th of June 2020, where he asked Neiko if he was aware of whether FICAC conducted an investigation into USP.

Neiko said he only became aware of this when the Commissioner of Police Sitiveni Qiliho called him.

When Neiko was asked by Sharma if he knew that on the 17th of June 2020, USP had commissioned BDO to conduct an independent inquiry into its financial grievances that it faced with its management and BDO had completed an investigation on the 21st of August, 2019, Neiko said he was not aware of this.

Sharma than questioned Neiko if he was aware of the concerns raised by Qiliho when he said to them to stop the investigation into USP since FICAC and USP had done their investigation so that report is not duplicated, Neiko said Qiliho told them to stop the investigation and it would be insubordination for him to question the Commissioner.

Neiko said they had stopped investigating USP when they were directed by Qiliho on the 15th of June, however, Sharma told Neiko that Dass had continued to question people after the directive and the case was never closed.

The defence will be submitting a no case to answer at 12pm tomorrow.

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.