Motion Against Conviction, Pending Bail Finally Heard

The Notice of motion to appeal against the conviction and the pending bail for former Prime Minister, Voreqe Bainimarama and former Police Commissioner, Sitiveni Qiliho was finally heard yesterday.

The duo appeared before Justice Chandana Prematilaka for their first call at the Veiuto Complex in Suva.

Among the full court room yesterday was Bainimarama’s wife, Mary to hear the matter.

During the proceeding, appellants lawyer, Fatima Gul raised that the Notice of motion against the duo’s conviction and sentencing were filed at the Fiji Courts of Appeal on April 23 while the bail pending appeal on July 23.

She has sought the court’s leave to file further grounds of appeal to the one that’s already noted.

Appeal against conviction 

This is in reference to the fact that the learned judge erred in law in immediately convicting the two appellants after finding them guilty without in any way adhering to the requirements of Section 16 (1)(a), (b) and (c) of the Sentencing and Penalties Act 2009.

Alternatively, they are seeking an appeal against the appeal filed by the State at the High Court be stayed or suspended pending the determination by the Supreme Court of the legality or otherwise of John Rabuku’s appointment as acting Director of Public Prosecution.

They are also seeking that the State’s appeal against sentence be stayed in the High Court until the determination of this appeal by the Court of Appeal against conviction as the appeal against conviction would be substantially prejudiced and rendered nugatory if the State’s appeal against sentence proceeded first.

Bail pending appeal 

Under this appeal, the defense claims they have a strong chance of success on this appeal.

They have argued that there was no error made in the law by the High Court in allowing the appeal on ground (c) of the DPP’s Ground of Appeal.

The appellants argues that the sentence of the Magistrate’s court was not null and void and that acting Chief Justice, Salesi Temo erred in not recusing himself when he had predetermined the Appeal against Sentence on April 3.

They have also reiterated in this appeal that the sanction made by the former acting DPP, Mr Rabuku was in breach on Section 105 (2) of the 2013 Constitution.

This meant that any matter or actions sanctioned by Mr Rabuku would naturally be rendered null and void.

The appellants has been given until November 5 to file their affidavits on the bail pending appeal while State will file theirs until December 3.

The matter will also be heard by this time.

Justice Prematilaka has also informed Ms Gul that a hearing date will be set in the next sitting.

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