Tudravu’s evidence is not credible, State has not proven its case beyond doubt – defence counsel

Defence counsel Devanesh Sharma argued during the closing submissions in the trial of former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho, that the then Acting Police Commissioner Rusiate Tudravu’s statement is not credible.

Sharma says this was because Tudravu was reluctant to give evidence and only spoke after Qiliho was suspended.

He further submitted that there is no evidence that Bainimarama and Tudravu had any conversation on 4th August, 2021 regarding the alleged threats.

Sharma highlighted that when Tudravu resigned on 11th August 2021, no harm was shown, his annual leave was approved, government quarters were granted and he left on his own terms.

He says there is a possibility that Tudravu resigned because he did not like his decisions being reviewed by Qiliho.

The defence counsel maintained that the State has not proven its case beyond reasonable doubt.

He says it was reasonable that when Qiliho returned on 28th July 2021, he resumed the position of Commissioner.

Meanwhile, the Assistant Director of Public Prosecutions, Laisani Tabuakuro submitted that the State has proven its case beyond reasonable doubt.

Tabuakuro says they did not rely on just one witness but called 20 witnesses.

She says that Bainimarama made unwarranted demands as Prime Minister to the then Police Commissioner, which were improper and influenced Tudravu’s duties.

She says there was no legal basis to make the demand.

Tabuakuro further says that Opposition MP Inia Seruiratu also gave evidence that he does not have the power to terminate police officers, as it would be unlawful.

The State Counsel adds that Qiliho acted in bad faith.

They have urged the Court to consider different version of Qiliho’s statement during the caution interview and while taking the stand.

Suva High Court Judge Justice Thushara Rajasinghe questioned what evidence exists of any allegiance from Qiliho to Bainimarama.

Tabuakuro admitted there is no evidence that Bainimarama and Qiliho were in contact during the time of the alleged incident.

Justice Rajasinghe stressed that he wanted everything clarified before delivering his judgment.

The closing submission will continue this afternoon.

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 for sacking two police officers in 2021.

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 menance 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.