Tabuakuro stands her ground, refuses to recuse herself

Laisani Tabuakuro insists that charges against former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho warrants the involvement of the High Court.

The Assistant Director of Public Prosecutions (DPP) argued that the serious allegations for abuses of office and unwarranted demands required a higher court’s jurisdiction.

She warned that a decision made by the Magistrate Court could set a dangerous precedent for public service governance and accountability.

Tabuakuro declined to respond to the defence’s objections directly.

Instead, she would not recuse herself from the case, further intensifying the courtroom drama.

At the Suva Magistrate Court, lawyer Devanesh Sharma argued that his clients former Bainimarama and Qiliho case should not be transferred to the High Court.

Bainimarama is facing a single charge of making unwarranted demands as a public official, while Qiliho is charged with two counts of abuse of office.

The accusations stem from an alleged series of events that took place between May and August 2021, when Bainimarama reportedly pressured then-Acting Police Commissioner Rusiate Tudravu to either dismiss officers Penieli Ratei and Tomasi Naulu or resign.

In a separate incident, Qiliho is accused of overriding Tudravu’s decisions and unlawfully terminating the two officers between August 5 and 18, 2021.

The case took an unexpected turn when the State applied for the matter to be transferred to the High Court.

Ms Tabuakoro, insisted the charges involve serious public office issues that should be heard at the higher level. She emphasised that this was not just about the conduct of public servants but about the integrity of the civil service itself.

However, Devanesh Sharma, argued that the Magistrate Court had full jurisdiction to hear the case.

The trial was already on the brink of starting and said the state’s application to transfer it to a higher court was “unnecessary” and came “too close to trial”.

Sharma also expressed concern about the growing legal costs for both Bainimarama and Qiliho, both of whom are unemployed.

The ruling on the transfer application will be delivered next Monday at 2.30pm

Feedback: sosiveta.korobiau@fijisun.com.fj