Former Prime Minister Voreqe Bainimarama (left) and suspended Police Commissioner Sitiveni Qiliho in court today

The appeal case involving former Prime Minister Voreqe Bainimarama and suspended Police Commissioner Sitiveni Qiliho was called before the Acting Chief Justice Salesi Temo this morning.

Just last month, Acting Chief Justice Salesi Temo presided over the appeal initiated by the state after the Magistrates Court acquitted the two of their charges.

The former Prime Minister faced allegations of perverting the course of justice, while the suspended Police Commissioner was charged with abuse of office.

During the initial appeal hearing, the Acting Chief Justice found both individuals guilty and directed the Magistrate to proceed with sentencing.

However, last Thursday Magistrate Seini Puamau concluded that there was insufficient evidence to suggest that the two had acted for personal gain.

Magistrate Puamau granted a conditional discharge to Bainimarama, while Qiliho was fined $1500.

Later Thursday afternoon Acting Director of Public Prosecutions, John Rabuku filed appeal on four grounds stating that that the sentence delivered by Magistrate Puamau was unsatisfactory, was wrong both in fact and in law, and does not reflect the considerations and tariffs of cases or matters of similar nature.

He also stated that the sentences imposed by the learned magistrate against both respondents are manifestly lenient and in breach of sentencing principles, case laws, and the tariff set in other similar matters and offenses.

The second ground of appeal was that the learned Magistrate erred in law and in fact when she made a finding that there were no aggravating factors against the respondents.

The third that the learned Magistrate erred in law and in fact in considering irrelevant factors in sentencing the respondents, and that the learned Magistrate erred in law and in fact when she made a finding that there was no victim and that the offense was a technical breach by both respondents.

The respondents who were represented by Gul Fatima today were given time till 24th April to file their submission and for state to reply by 29th April.

The matter will be called on 2nd May for appeal hearing.

Meanwhile state counsel Laisani Tabuakuro also pointed out that the respondents did not make any application for bail pending appeal and asked the two to be remanded until this is done.

However, this was objected by Fatima.

Acting Chief Justice Salesi Temo said there was no reason to remand the two as they were coming to court on every sitting.

FijiFirst members Premila Kumar, Faiyaz Koya, Semi Koroilavesau, Virendra Lal were also present in court today.

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