Former Director CID, Mesake Waqa, a State witness in the trial of former Prime Minister Voreqe Bainimarama and suspended Commissioner Sitiveni Qiliho has confirmed that he had closed the investigation on USP after verbal instructions given by the Police Commissioner Qiliho.
While responding to questions during cross examination by defence lawyer, Devanesh Sharma, Waqa says he did not verify with the Commissioner of Police Sitiveni Qiliho if he had given a verbal instruction.
Waqa says he did not see the need for it as he had been briefed by Acting Director CID, Biu Matavou as well as Director Economic Crime Rajesh Kumar.
He confirmed that the investigation stopped on 6th January, 2020 and the file was closed on his decision.
Waqa says even though it was his decision, the instruction came from the top.
When questioned if he accepted the responsibility to close the file, Waqa says he does not accept it as the instruction was given and those giving it should know the consequences.
While responding to questions by Acting DPP Ratu David Toganivalu during his examination in chief, Waqa says after telling the Director CID to file it away, he says he noted that there were some prima facie evidence and that suspects should be interviewed.
The former Director says after getting verbal instructions by the Commissioner, he decided to file away the case.
Waqa says he had three reasons to file away the case.
He says one reason was that it seems to be interference by the government and the Commissioner directed to close the investigation.
The former Director says another reason was to protect the safety of the investigation and the file does not go missing.
He says another reason was for the easy access once there is a change in government, as it is happening right now.
Waqa says when he returned from his studies and took over his position as Director CID, he was briefed by the Acting Director Serupepeli Neiko about investigations into USP.
He says he did not sight any minutes in the investigation file stating that the Commissioner has stopped the investigation.
Meanwhile, Qiliho's charge particular has been amended and he has again pleaded not guilty.
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 an arbitrary act prejudicial to the rights of the USP.
Sharma and Magistrate Seini Puamau had no issues with the amendment as they are cosmetic changes.
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.
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.
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