Former Prime Minister, Voreqe Bainimarama has been granted absolute discharge in the University of the South Pacific case by Magistrate Seini Puamau while suspended Police Commissioner Sitiveni Qiliho has been fined $1,500 and this has to be paid within 30 days and failure to do that will result in 30 days imprisonment.
Qiliho’s conviction will also not be recorded.
The Magistrate says for both Bainimarama and Qiliho, there are no discernible aggravating factors.
Bainimarama’s absolute discharge is the lowest-level sentence that an offender can get.
With Bainimarama getting the absolute discharge, his finding of guilt is made but no conviction is registered.
Magistrate Puamau got Bainimarama to stand up in the packed courtroom and said for the reasons she had highlighted, she grants him an absolute discharge.
She says in her opinion, Bainimarama’s charge is a trivial violation.
She also highlighted that two former Presidents, including Ratu Epeli Nailatikau and Jioji Konrote provided character references for Bainimarama.
Former Army Commander and FijiFirst MP, Viliame Naupoto was the other character reference. Bainimarama's health history was highlighted to Magistrate Puamau where he has undergone a heart bypass, has sleep apnea and needs a machine and electricity for its running, has a pacemaker for his heart and needs his mobile app for it.
Magistrate Puamau says it seems it will likely result in an incredibly diminished quality of life and potential death as a result of a heart problem, acute sleep apnea and Bainimarama’s reliance on CPAP or Continuous Positive Airway Pressure treatment, and his high risk of a heart attack.
She says an inmate is subjected to significant stress, poor diet, and inadequate exercise.
Magistrate Puamau says a fine without conviction for Qiliho is the best for this case.
She says there is no evidence that Qiliho had directed Police officers Serupepeli Neiko and Reshmi Dass to close the USP case for personal gain.
Leader of the Opposition, Inia Seruiratu and Viliame Naupoto also provided character references for Qiliho.
Magistrate Puamau has stressed that the judiciary is independent.
There was tight Police security at the Suva courthouse.
Bainimarama and Qiliho were found guilty of one count of attempt to pervert the course of justice and one count of abuse of office respectively by Acting Chief Justice Salesi Temo, and Magistrate Puamau was ordered to record the conviction and sentence the two.
The court corridors were crowded with members of the public, and the court room was full before 11am when the case started.
Bainimarama’s attempt to pervert the course of justice charge has a maximum tariff of 5 years while Qiliho’s charge of abuse of office carries a maximum tariff of 10 years.
According to the charges, Bainimarama sometime in July 2020 as the Prime Minister directed the Police Commissioner to stop the investigation into a police complaint, in the abuse of the authority of his office, which was an arbitrary act prejudicial to the rights of the University of the South Pacific which is the complainant.
For Qiliho’s charges, the charges say that Qiliho on the 15th of July, 2020 as the Police Commissioner directed the Director of the Criminal Investigations Department, Serupepeli Neiko and Inspector Reshmi Dass to stop investigations into the police complaint by the USP, in the abuse of the authority of his office, which was an arbitrary act prejudicial to the rights of USP.
The defence counsel led by Devanesh Sharma had asked for a non-prison sentence and the option to be handed suspended sentences for both Bainimarama and Qiliho while State lawyer Losalini Tabuakoro has asked that Bainimarama and Qiliho should be imprisoned for 1 to 3 years and 6 to 10 years respectively.
/+ARTICLE-294821+ARTICLE/
/+ARTICLE-294822+ARTICLE/
Click Here for the indepth into Bainimarama and Qiliho's Acquittal Appeal : https://www.fijivillage.com/indepth/Bainimarama-and-Qilihos-Acquittal-Appeal-f45rx8/
