Former Police Commissioner, Sitiveni Qiliho's constitutional matter has been transferred to the High Court for interpretation of definition of public service.
This to check if Qiliho is exempted from the definition of public service under the constitution and whether he can be charged under the Crimes Act.
The former Prime Minister Voreqe 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, 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.
The matter is adjourned to the 15th of May.
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