Acting Director of Public Prosecutions John Rabuku who represented suspended Police Commissioner Brigadier General Sitiveni Qiliho while he was being questioned by the CID in the matter where he was charged with a count of abuse of office and later acquitted, says there would be no conflict of interest as the appeal against the acquittal is not a complaint against Qiliho.
Former Prime Minister Voreqe Bainimarama was charged with one count of attempt to pervert the course of justice in the same matter.
Bainimarama and Qiliho were found not guilty and acquitted accordingly by the Suva Magistrates Court last month.
The ODPP says the State’s grounds of appeal centres around the opinion that the Magistrate erred in law and in fact on several evidentiary and procedural issues, thereby resulting in an unfair trial and an erroneous verdict.
While responding to questions by fijivillage News if the Office believes it is appropriate for the Acting DPP to sign off on the appeal, Rabuku says it is as he is the Acting Director and he sanctions any appeals against an acquittal, which is the case with Qiliho.
He says he therefore signs off on the appeal.
He says the appeal is based on grounds that allege that the Magistrate did not apply important procedural safeguards to maintain a fair trial.
The Acting DPP says the High Court will hear the grounds of appeal as they are argued by the appellate counsels on both sides and will decide whether the trial was fair or not. He says not anyone else at the Office could sign off on it as he makes the decision to appeal and the Criminal Procedure Act clearly requires his sanction when such an appeal is lodged.
He adds he therefore signs off on the sanction and also on the appeal and no one else.
Bainimarama and Qiliho were represented by R Patel lawyers Devanesh Sharma and Gul Fatima while Acting DPP late Ratu David Toganivalu and Nimisha Shankar represented the State during the trial.
