State asks for custodial sentence for Bainimarama while defence asks for non-custodial sentence

Assistant Director for Public Prosecutions, Laisani Tabuakuro has submitted that former Prime Minister, Voreqe Bainimarama should receive custodial sentencing while defence counsel Devanesh Sharma says that the conviction is sufficient in this matter regarding case of the sacking of Police officers.

Tabuakuro in her submission stated that they are unable to provide a preferred sentence as they couldn't find anything on unwarranted demand made by a public official.

She says breach of trust and undermining of the institution are two aggravating factors in this case.

The Assistant DPP says the higher the position, the higher the trust.

She says a custodial sentence will be a reminder to officers that if you engage in such offence, you will be charged and sentenced.

She says absolute discharge is not applicable under this charge.

Tabuakuro further says that health factor can be considered for Bainimarama by ensuring that he has access to medication and health equipment.

She says good character can't be considered because there's a breach of trust.

Meanwhile, defence counsel Devanesh Sharma submitted the starting sentence of 3 years.

He says the position of the Prime Minister shouldn't be an aggravating factor and that the DPP hasn't established the motive in this case.

Sharma says a conviction is already a deterrent for a politician.

He says Bainimarama is no threat to the community.

The defence counsel asked for non supervised community service for Bainimarama, and if sentenced to 3 years then the judge has the right to suspend it or fine him.

He also stressed that Bainimarama suffers from sleep apnea where his breathing passage is not clear while sleeping and he can choke to death.

Suva High Court Judge Justice Thushara Rajasinghe will sentence Bainimarama next Wednesday.

The maximum penalty for the charge of unwarranted demand made by a public official is 12 years imprisonment.

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 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.