Tudravu says former PM had suggested to 'Tuks' to stay away from USP investigations

Former Acting Commissioner of Police Rusiate Tudravu has told the court in the trial of former Prime Minister Voreqe Bainimarama and suspended Commissioner of Police Sitiveni Qiliho that the Chair of the National Security Council and Prime Minister at that time had suggested to 'Tuks' to stay away from the investigation into USP.

Tudravu says 'stay away' for him means to stop investigations.

When questioned who is Tuks, Tudravu says he is the current Commissioner of Police Qiliho.

He says it is the name used by senior military officers and those close to him and it is short for 'Tukaituraga'.

While being questioned during examination in chief by Acting DPP David Toganivalu, Tudravu says he attended the National Security Council meeting on the 20th of September, 2020 at the Office of the Prime Minister on behalf of the Commissioner of Police who was on study leave.

He says it is very crucial for the members of the Security Council to know about what was going on and what was the government’s stance as knowing that smaller things have happened where the University is involved as they have students, unions and member bodies.

While reading an excerpt from the National Security Council meeting minutes, Tudravu quoted Bainimarama saying that he has suggested earlier to Tuks to stay away from investigations.

Tudravu quotes that he said the issue here now is that the audit is already being done and USP is asking the question because Police are holding things up. Tudravu quotes Bainimarama ‘can we discuss later’ and in the iTaukei language ‘ tou sa veitalanoa ga’.

The former Acting Commissioner says he called ACP Biu Matavou (Chief of Intelligence, Investigation at that time) after the meeting to stop the investigation as it was conveyed by the Chair that they have already discussed the case.

While being cross-examined by Devanesh Sharma, Tudravu says he was briefed by Matavou before the Security Council meeting who had said that the investigation was ongoing.

He says certain procedures need to be followed when closing a case and the Director CID has the power to stop the investigation.

When asked by Sharma if he saw any evidence of the file closing, Tudravu says he does not deal with investigations.

When questioned if he was privy to discussions between the Chair and Qiliho, Tudravu says no as they relayed to him what was discussed.

When asked why he acted on the Prime Minister’s suggestion, Tudravu says they are the Prime Minister and Commissioner of Police and he is just the Deputy and adds he cannot over-rule what they have already discussed.

When questioned that he holds an independent constitutional position, Tudravu says leadership was not easy at that time and they needed to have the government on their side.

He says if he had brought it up he would have been told to resign like later.

Tudravu says he disobeyed and was told to resign.

When questioned what directive he gave to Matavou after the National Security Council meeting, Tudravu says he relayed to him in September 2020 to stop the investigation.

When questioned by Sharma what he expected from Matavou, Tudravu says he just relayed what was said by the Chair, and CID is independent.

Sharma asked was it not his call to which Tudravu replied that the directive was already done by the Chair and the Commissioner and he just relayed it.

He adds he does not know whether the investigation was stopped as just a few weeks later he was told to resign.

Meanwhile, Magistrate Seini Puamau says at this juncture, the lawyers may need to make a decision and said not to waste her time.

She asked if this is all they have with respect to the first count.

They agreed not to call the next State witness, and the case has been adjourned to tomorrow.

Bainimarama is charged with a count of attempt to pervert the course of justice while Qiliho is charged with a count of abuse of office.

It is alleged that Bainimarama sometime in July 2020 as the Prime Minister directed the Police Commissioner to stop the investigation into a police complaint, in the abuse of the authority of his office, which was an arbitrary act prejudicial to the rights of the University of the South Pacific which is the complainant.

It is alleged that Qiliho on the 15th of July, 2020 as the Police Commissioner directed the Director of the Criminal Investigations Department, Serupepeli Neiko and Inspector Reshmi Dass to stop investigations into the police complaint by the USP, in the abuse of the authority of his office, which was arbitrary act of prejudicial to the rights to USP.

Bainimarama and Qiliho are represented by R Patel Lawyers Devanesh Sharma and Gul Fatima while Acting Director of Public Prosecutions, Ratu David Toganivalu is representing the State.

The trial continues tomorrow.