DPP argues: Court must not be lenient with Bainimarama

The Office of the Director of Public Prosecutions (DPP) says the court must not show leniency to former Prime Minister Voreqe Bainimarama, who is awaiting sentencing after being convicted of making unwarranted demands to then Acting Police Commissioner Rusiate Tudravu in 2021.

Bainimarama appeared before Suva High Court Judge Justice Thushara Rajasinghe yesterday morning for sentence submissions, accompanied by family members and supporters.

Defense seeks suspended sentence
His lawyer, Devanesh Sharma, pleaded for a suspended sentence, citing Bainimarama’s good behaviour, past community service at a church, and voluntary compliance with police investigations.

Mr Sharma told the court Bainimarama had already retired from the military and politics and was now a grandfather suffering from chronic sleep apnea.

“The conviction itself is a strong deterrent,” he argued.

He urged the court to consider Bainimarama’s long service to the nation and his reputation as a sign of hope for many citizens, especially as a champion of climate change.”

Mr Sharma also contended that the aggravating factor of a “breach of trust” should not apply, arguing it was already part of the offence committed while Bainimarama was a public officer.

He added that the victim impact statement from Mr Tudravu should not be given much weight, saying his resignation in August 2021 did not result from the incident.

At one point, Justice Rajasinghe cautioned Mr Sharma to confine his arguments to mitigation, saying he had “no jurisdiction to revisit the case after judgment has been delivered.”

State calls for stronger punishment
Assistant Director of Public Prosecutions Laisani Tabuakuro rejected the defense’s calls for leniency, telling the court that Bainimarama’s actions represented a serious abuse of power and breach of institutional independence.

“The higher the power, the higher the influence—thus the higher the sentence should go,” Ms Tabuakuro said.

She said Bainimarama’s demand that Mr Tudravu terminate two police officers, who had already been disciplined for photographing his brother, was “an attempt to interfere with the independence of the Fiji Police Force.”

“We are not here to focus on what Mr Tudravu said, but on what the convicted person should face after being found guilty,” she said.

Ms Tabuakuro said the sentence would set an important precedent, as Bainimarama is the first person to be convicted under the offence of making unwarranted demands.

“The purpose of punishment is to remind the public that such conduct will not go unpunished, and that independent institutions must not be undermined,” she said.

She further stressed that “absolute discharge” could not apply in this case, and said Bainimarama should not be credited for conduct that interfered with the work of an independent body.

Justice Rajasinghe will deliver his sentence next Wednesday.