Ex-PM, Qiliho Discharged
Bainimarama granted an absolute discharge, Qiliho off the hook on condition he pays $1500 within 30 days.
Magistrate Seini Puamau while granting former Prime Minister Voreqe Bainimarama an absolute discharge, cited the ruling made by Justice Daniel Goundar in prominent lawyer Richard Naidu’s case. Bainimarama and suspended Police Commissioner Sitiveni Qiliho were discharged without conviction at the Suva Magistrate’s Court yesterday.
Bainimarama who was charged with attempt to pervert the course of justice was granted an absolute discharge, while Qiliho on charges of abuse of office was discharged on the condition that he pays $1500 within 30 days.
The sentence surprised many who were present in court.
Police officers had showed up in numbers to monitor the crowd. Bainimarama’s wife, Mary and children held back tears of joy after the ruling, while their supporters smiled with relief.
In her ruling, Magistrate Puamau referred to Naidu’s case which was overturned in 2023 by the High Court Judge Justice Daniel Goundar after he was convicted of contempt and scandalising the court in 2022.
She told the court she found no discerning aggravating factors by the State prosecution to help her sentence the duo.
Three character references were referred to as part of Bainimarama’s mitigating factors.
These included former President and Speaker of Parliament Ratu Epeli Nailatikau, former President Jioji Konrote and former Republic of the Fiji Military Forces (RFMF) Commander, Viliame Naupoto.
All three referred to Bainimarama’s outstanding service to the country as a soldier who fought for the best interest of the country and his leadership as a Prime Minister and leader of the nation. Magistrate Puamau while emphasising on his health history said prison was not suitable for him.
She said in a comprehensive medical report received on March 14, Bainimarama underwent coronary heart bypass draft, sleep apnea requiring daily CPAP machine therapy and Cervical spondylosis (an aging condition) with neuroplastic pain to the left arm. He also has a pacemaker for his heart which needs a mobile app to monitor. She said the medical grounds were a satisfying factor to consider for mitigation as she found Doctor Jioji Tuwai Malani’s judgment reputable.
Although his charges were serious, Magistrate Puamau ruled that the offence was a trivial violation as the aggravating factors by the State did not suggest any corrupt motive.
Qiliho sentencing
In the case of Qiliho, Magistrate Puamau ordered him to pay his fine within 30 days.
In sentencing Qiliho, she referred to an appeals case in 2022 which sought the High Court Judge Justice Sunil Sharma’s ruling to overturn a Anish Ashish Chandra’s conviction against the State. Chandra was convicted of driving a motor vehicle while there was presence in the blood a concentration of alcohol in excess of the prescribed limit.
Should Qiliho fail to pay the amount within the period of time, he shall be imprisoned.
Magistrate Puamau also found the evidence of the State to be weak and trivial in this matter. She said there was no evidence that Qiliho had directed former Criminal Investigations Department acting director Serupepeli Neiko and senior police officer Reshmi Dass to stop the investigation.
Instead, she said Qiliho was concerned about the duplication of processes. Magistrate Puamau said the State had spent too much time delving into the former Prime Minister Laisenia Qarase’s case, labelling it a waste of time. She added the Brown V Dunn rule cited was irrelevant. Magistrate Puamau invoked Qiliho’s conviction pursuant of Section 15 (1) (f) of the Sentencing and Penalties Act 2009 without recording a conviction.
Moment of silence ‘drama’
Before a moment of silence was observed (to remember the late acting DPP David Toganivalu), Acting Assistant Director of Public Prosecution, Laisani Tabuakuro stood up and told the court that they had received a message from the DPP’s Office not to participate.
She added they would appeal against the judgment, which was released later at around 2.12pm. In her response, Magistrate Puamau told Ms Tabuakuro that although she was out of line to make such a comment during a ruling proceedings, it was well within their right to do that. Magistrate Puamau asked Ms Tabuakuro and her colleague, Nancy Tikoisuva to leave the room so they could proceed. A moment of silence was then observed.
Mixed reactions
The overturned sentence took many by surprise. While a celebration was going on in the courtroom, many were waiting outside. The duo were met with mixed reactions while walking towards the crowd standing outside the PM’s office.
When asked how he felt about the sentencing, Bainimarama responded: “I’m feeling over the moon, Happy Easter.”
Similar sentiments were shared by Qiliho who said, “God is good” while giving the media a confident smile and a thumbs up.
DPP files an appeal
The Office of the DPP filed another appeal with the High Court in Suva against Magistrate Puamau’s sentencing.
In a released statement, the DPP appeal was made on four grounds.
These included:
a. That the sentence imposed by the learned Magistrate against both the respondents are manifestly lenient and in breach of sentencing principles, case laws and the tariff set in other similar matters and offences. b. That the learned Magistrate erred in law and when she found that there were no aggravating factors against the respondents. c. That the learned Magistrate erred in law and in fact in considering irrelevant factors in sentencing the Respondents; and
d. That the learned Magistrate erred in law and found that there was no victim and that the offending was a technical breach by both Respondents.
Mr Rabuku said Magistrate Puamau’s ruling did not to register the convictions of the duo was unsatisfactory and was wrong both in fact and in law.
“It does not reflect the considerations and tariff of cases or matters of similar nature,” he said.