Deputy Director of Human Resources at the Fiji Police Force, Jovilisi Leweniqila says former Police Commissioner, Sitiveni Qiliho gave the directive to terminate Sergeant Penieli Ratei and Police Constable Tomasi Naulu in 2021.
Leweniqila took the stand as a prosecution witness in the trial of former Prime Minister Voreqe Bainimarama and Qiliho, who are accused of making unwarranted demands to dismiss two police officers.
He says if the Commissioner issues a directive using the correspondence form, it is treated as a high priority.
Leweniqila adds that correspondence forms are used for communicating urgent matters between high-ranking officers within the Force, and these are not accessible to the public.
When Assistant DPP Laisani Tabuakuro asked if there is a standard operating procedure for disciplinary action, Leweniqila responded that there is none, as the process is governed by the Police Act.
He explained that the Tribunal Officer makes recommendations to the Police Commissioner regarding any disciplinary action.
When asked when the Human Resources Department becomes involved, he says it steps in to formalise the Commissioner’s decision, which could be in the form of a fine, warning letter or demotion.
He says Qiliho formalised the directive to facilitate the show cause process on 14th August 2021, which is exercised to terminate or dismiss officers, while the Force Routine Order is used to finalise the orders.
During cross-examination, defence counsel Devanesh Sharma asked if officers were given adequate time to respond after receiving the show cause notice.
Leweniqila confirms that this was done.
However, Tabuakuro pointed out that the officers were only given three days, and the then Commissioner did not explain why the matter was treated as urgent.
Meanwhile, the third prosecution witness, Devika Narayan, who is the Manager of Records and Registry at the Fiji Police Force, says decisions made through the correspondence form can relate to dismissal, absence without leave, and other matters.
Narayan adds that the Force Routine Orders are weekly directives from the Police Commissioner, which are issued to officers when disciplinary action is taken.
She says these records are kept for 10 years before being transferred to the National Archives.
The trial continues this afternoon and is scheduled to conclude on the 29th of August.
Bainimarama and Qiliho 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 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 Ratei and Naulu.
Opposition Leader and former Minister for Defence, Inia Seruiratu says the Prime Minister has no authority to terminate police officers
Seruiratu took the stand as the first prosecution witness in the trial of former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho, who are accused of making unwarranted demands to dismiss two police officers.
He confirms the hiring and termination of police officers fall under the authority of the Commissioner of the Fiji Police Force.
When the Assistant DPP, Laisani Tabuakuro asked how the then Prime Minister Bainimarama communicated with his Ministers, Seruiratu said it was through cabinet meetings, social gatherings and calls.
He says he knew both Bainimarama and Qiliho from his time in the Republic of Fiji Military Forces.
When asked if Bainimarama or Qiliho had communicated anything about Bainimarama’s brother, Seruiratu denied it.
He says that only the then Acting Police Commissioner, Rusiate Tudravu, had raised concerns that his relationship with Bainimarama was not good.
Seruiratu says this tension stemmed from an incident where two police officers took a photo of Bainimarama’s brother while he was engaged in some work.
He also confirms that Tudravu assumed the Acting Commissioner of Police role when Qiliho left for overseas studies.
Seruiratu says terminating officers was not his responsibility, and if he were to do so, it would have been unlawful as it was outside his powers as a Minister.
He agreed that the Prime Minister also has no authority to terminate police officers.
During cross-examination, defence counsel Devanesh Sharma asked if Tudravu had followed up on the concern he raised.
Seruiratu replied that no further discussion took place.
There was also a dispute between Suva High Court Judge Justice Thushara Rajasinghe and Tabuakuro regarding how the agreed facts were submitted.
Justice Rajasinghe says the agreed facts should be tendered through a proper application, while the State argued that once the agreed facts are signed by the court, they are accepted as evidence.
The trial is scheduled to conclude on the 29th of August.
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 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 Ratei and Naulu.
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