Ex-PM’s lawyer: Bainimarama is a grandfather, not a threat

Former Prime Minister Voreqe Bainimarama is going to know his fate soon, following his conviction of making unwarranted demands to the then Acting Police Commissioner, Rusiate Tudravu in 2021.

Bainimarama appeared before Judge Justice Thushara Rajasinghe at the High Court in Suva today for his sentence submissions, accompanied by his family and supporters.

During the proceedings, his lawyer, Devanesh Sharma, requested a suspended sentence, citing extensive mitigating factors. He noted Bainimarama’s early release in a previous case due to good behaviour and his completion of community service at a church.

Mr Sharma argued that Bainimarama is now in a different phase of life, having retired from both the Republic of the Fiji Military Forces and politics. He described Bainimarama as a grandfather suffering from chronic sleep apnea, and said the conviction itself serves as a strong deterrent against future offences.

He urged the court to consider Bainimarama’s voluntary cooperation with police investigations and consistent attendance at all court proceedings. Mr Sharma also highlighted Bainimarama’s service to the nation and his role as a symbol of hope, particularly in championing climate change.

Addressing the prosecution’s reference to a breach of trust as an aggravating factor, Mr Sharma contended that it should not be considered, as it was inherent to the offence committed while Bainimarama was a public officer.

He further argued that the victim impact statement from Mr Tudravu should carry limited weight, stating that Tudravu was not significantly affected by his resignation on August 11, 2021.

Mr Sharma said that Mr Tudravu’s tenure as Deputy Commissioner ended in December that year, and that his resignation from the Acting Commissioner role was part of a planned retirement through consultancy.

Justice Rajasinghe interrupted the submission, stating he had no jurisdiction to revisit the case after judgment had been delivered.

He advised Mr Sharma to take such matters to the Court of Appeal and to focus solely on mitigating factors and sentencing submissions. Mr Sharma apologised, saying they had not yet considered an appeal.

Justice Rajasinghe will deliver the sentence next Wednesday.