Former Prime Minister Voreqe Bainimarama and suspended Police Commissioner Sitiveni Qiliho, who were found guilty by Acting Chief Justice Salesi Temo, will be sentenced by Magistrate Seini Puamau next Thursday.
Bainimarama was found guilty of one count of attempt to pervert the course of justice while Qiliho was found guilty of one count of abuse of office.
While replying to the sentencing submission of the prosecution in court, Bainimarama and Qiliho’s lawyer, Devanesh Sharma, said the sum of $34 million of taxpayers money to USP that the State keeps referring to is irrelevant in this case as there was no mention of any amount in the charge.
He says up until now, no charges have been laid by CID against USP staff.
Sharma says none of the prosecution witnesses, like the Director of CID, Serupepeli Neiko and Inspector Reshmi Dass, referred to any figures, and the constant reference to the $34 million is wrong.
He adds the prosecution alleged that both were charged as public servants, but the initial charge against Bainimarama was withdrawn, as he was not a civil servant and the charge was replaced with the new charge.
He further adds that Qiliho was charged as a civil servant.
Sharma also asked the Court to compare the facts that Bainimarama had 47 years of service to the people of Fiji, with 31 years in the disciplined forces and 16 years as the Prime Minister.
He says Qiliho spent 36 years serving the people of Fiji, and when people spent a life of service to the people of Fiji, they surely deserve the mercy of the court.
He also says these persons have protected the safety of Fiji and its people, and they were at the forefront of the battle against COVID-19.
The defence lawyer says it is obvious that the State’s focus is to imprison the two, but there are thousands of people in Fiji who support these people and are praying that they are not sent to prison.
Magistrate Seini Puamau says she sees politics as a popularity contest.
Magistrate Puamau says she is pushing back against any suggestion that the number of votes for any person in the box or in the court room matters because it doesn’t.
She says she is not trying to devalue any of their accomplishments as it is just an interesting fact, but it has nothing to do with this case.
The Magistrate says she will take into account the years of service on the ground.
The prosecution has asked for prison sentences for both Bainimarama and Qiliho.
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