Bainimarama, Qiliho Case Moves to High Court

The Suva Magistrate Court has once again supported the Office of the Director of Public Prosecutions (ODPP) by allowing its request to move a constitutional case to the High Court.

This matter relates to an application by lawyers for former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho, who are seeking a ruling on Qiliho’s employment status as a civil servant at the time the alleged offence was committed.

A similar application was done for the former Supervisor of Elections, Mohammed Saneem.

Bainimarama and Qiliho appeared before Resident Magistrate Shageeth Somaratne yesterday for the ruling on the matter.

In his ruling, Magistrate Somaratne stated that the High Court was the more appropriate forum to handle the constitutional issue, which was raised under Section 188 of the Criminal Procedure Act.

He explained that if a lower court were to decide on a constitutional interpretation related to the offence of abuse of office, the decision would only have persuasive value and wouldn’t be binding on other Magistrate Courts.

Magistrate Somaratne said the High Court has original jurisdiction to interpret constitutional provisions.

The constitutional issue will be addressed as a trial issue, and should the State fail to prove their case, the respondent is at liberty to file a no-case to answer.

While another similar ruling is expected to be passed today, Magistrate Somaratne has adjourned this matter to June 26 when both parties will appear at the High Court in Suva for the first call.

Bainimarama’s bail and Qiliho’s production order has been extended.

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