Lawyers for Bainimarama and Qiliho file constitution motion

A constitutional motion filed by the lawyers for former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho, will be heard on the 11th of next month.

This is the case where Bainimarama and Qiliho allegedly made unwarranted demands to then-acting Police Commissioner Rusiate Tudravu to terminate the employment of two police officers from the Fiji Police Force.

The two appeared before Magistrate Jeremaia Savou today.

Devanesh Sharma, the lawyer for Bainimarama and Qiliho, requested for three days to finalize the motion under Section 44.5.

Under Section 44.5 of the Constitution, if a person appears in court and claims they are being denied the right to a fair trial, they can raise this issue for the Magistrates Court to consider.

Sharma says he had previously raised this issue before Magistrate Seini Puamau, who responded that he was asking the magistrate to determine a constitutional matter, which was inappropriate.

He adds the decision made by High Court Justice Salesi Temo had nothing to do with the Constitution.

The DPP lawyer argued that the ruling should be made by the High Court.

It is alleged that Bainimarama, between the 21st of May 2021 to the 18th of August 2021 in Suva, being employed as a public official, gave an unwarranted demand to Rusiate Tudravu, to terminate the employment of Sergeant Penieli Ratei and Police Constable Tomasi Naulu from the Fiji Police Force, and if he did not terminate the officers, he was to hand in his resignation. His alleged demand was directly related to Bainimarama’s official capacity as the Prime Minister of Fiji and was done to influence Tudravu, a public official, in the exercise of his official duty as the Acting Commissioner of Police.

It is alleged that Qiliho, between the 5th to the 18th of August 2021 in Suva, being employed as the Commissioner of Police, reviewed the disciplinary decision given by Rusiate Tudravu as the Acting Commissioner of Police against Sergeant Penieli Ratei and Police Constable Tomasi Naulu which was five equivalent paid working days, and contrary to this decision terminated the employment of Ratei and Naulu from the Fiji Police Force in the abuse of the authority of his office which was an arbitrary act, prejudicial to the rights of Ratei and Naulu.