Bainimarama found guilty, Qiliho acquitted

The High Court in Suva this morning found former Prime Minister Voreqe Bainimarama guilty of making unwarranted demands against then Acting Police Commissioner Rusiate Tudravu.

Delivering his ruling, Judge Justice Thushara Rajasinghe said the prosecution had proved its case beyond reasonable doubt.

Bainimarama was charged with one count of making unwarranted demands after he allegedly instructed Tudravu to either dismiss two police officers who had photographed his brother during a drug investigation, or resign.

He was charged alongside former Police Commissioner Sitiveni Qiliho, who faced two counts of abuse of office over his review of the officers’ disciplinary action and their subsequent termination.

Bainimarama’s case

Justice Rajasinghe ruled that the police search on Jonacani Bainimarama, the former Prime Minister’s brother, on May 21, 2021 was unreasonable.

The Court accepted Tudravu’s testimony that he had received a phone call from Bainimarama in September 2021, not an in-person meeting, as earlier suggested. The Judge further accepted Tudravu’s interpretation of Bainimarama’s instructions as unwarranted demands

Finding Tudravu’s account credible, Justice Rajasinghe noted that the then Acting Commissioner had no motive to fabricate his story. While there was no evidence that Bainimarama exerted control over Qiliho, the Judge ruled that Tudravu’s evidence was sufficient to establish the charge.

Qiliho’s case

In relation to Qiliho, the Court found:

• There was no evidence that he could not resume his role as Commissioner while in quarantine upon returning to Fiji.
• He was capable of carrying out his duties and even participated in meetings during quarantine. His return on August 4, 2021, ended Tudravu’s acting appointment.
• The process of asking the two officers to show cause and subsequently terminating them was not unlawful.

Justice Rajasinghe ruled that Qiliho followed proper procedure, and the prosecution failed to prove the second and third counts of abuse of office against him.

The Court also found no evidence of collusion between Bainimarama and Qiliho to terminate the officers.

As a result, Qiliho was acquitted on all charges.