Magistrate to decide on Monday on High Court transfer for Bainimarama and Qiliho’s case

The ruling on whether the case involving former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho will be transferred to the High Court, will be delivered next Monday.

Bainimarama and Qiliho appeared before Magistrate Shageeth Somarathe this afternoon.

Assistant Director of Public Prosecutions, Laisani Tabuakuro, told the court that the matter should be transferred to the High Court.

Defence lawyer Devanesh Sharma argued that the Magistrates Court is competent to handle the case and that transferring it to the High Court would be unnecessary.

Sharma also noted that both his clients are currently unemployed, and it would be costly to move the matter to the High Court.

The two allegedly made unwarranted demands to the then Acting Police Commissioner Rusiate Tudravu, to terminate the employment of two police officers from the Fiji Police Force. Bainimarama is charged with one count of unwarranted demands 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, being employed as a public official, gave an unwarranted demand to Rusiate Tudravu, to terminate the employment of Sergeant Penieli Ratei and Police Constable Tomasi Naulu from the Fiji Police Force, and if he did not terminate the officers, he was to hand in his resignation.

His demand was directly related to Bainimarama’s official capacity as the Prime Minister of Fiji and was done with the intention of influencing Tudravu, a public official, in the exercise of his official duty as the Acting Commissioner of Police.

It is alleged that Qiliho, between the 5th to the 18th of August 2021 in Suva, being employed as the Commissioner of Police, reviewed the disciplinary decision given by Rusiate Tudravu as the Acting Commissioner of Police against Sergeant Penieli Ratei and Police Constable Tomasi Naulu which was five equivalent paid working days, and contrary to this decision terminated the employment of Ratei and Naulu from the Fiji Police Force in the abuse of the authority of his office which was an arbitrary act, prejudicial to the rights of Ratei and Naulu.