Former Prime Minister Voreqe Bainimarama has been found guilty by the Suva High Court for making unwarranted demands to then Acting Police Commissioner Rusiate Tudravu, instructing him to terminate the employment of two police officers.

Bainimarama, between the 21st of May 2021 to 18th of August 2021 in Suva, made an unwarranted demand with the menace to Tudravu, by threatening his employment and to influence him to comply with his unwarranted demand.

Bainimarama demanded the termination of the employment of Sergeant Penieli Ratei and Police Constable Tomasi Naulu from the Fiji Police Force.

He was found guilty and convicted accordingly by Justice Thushara Rajasinghe.

Justice Rajasinghe stated that he was satisfied the prosecution had proven beyond a reasonable doubt that the demand made by Bainimarama to the then Acting Police Commissioner was made with menace.

During the trial, both Tudravu and Bainimarama admitted to communicating regarding the incident involving a photograph taken and shared by two police officers of his late brother Jonacani Bainimarama.

The Judge noted that the officers’ actions in searching and photographing Bainimarama were unreasonable and violated his rights, citing relevant case laws.

Justice Rajasinghe accepted Tudravu’s account of events on 22 May and 4 August, emphasizing that Bainimarama, while serving as Prime Minister, had no legal authority to instruct the removal of the Acting COMPOL.

Meanwhile, Bainimarama’s co-accused, Qiliho, was acquitted. The Judge ruled that the prosecution had failed to prove beyond a reasonable doubt that Qiliho committed the two counts of abuse of office.

Justice Rajasinghe noted that Qiliho was aware Tudravu was acting as COMPOL while he was away on a study break in the UK, and that the official acting appointment letter had not been sighted by him prior to his departure.

There was also no evidence that Qiliho could not discharge his duties while in quarantine upon returning in July 2021.

The Judge was satisfied that Qiliho was actively performing his duties and Tudravu’s role concluded as Acting Commissioner once he resumed his responsibilities.

The Judge further explained that Tudravu had not been properly advised on the legal standings, allowing Qiliho to review certain decisions. Justice Rajasinghe concluded that Qiliho did not act unlawfully when he terminated the two officers while serving as COMPOL.

The case has been adjourned for mitigation and sentencing submissions next Thursday, with the sentencing hearing scheduled for October 14.

The Office of the Director of Public Prosecution says a decision on whether it will appeal the acquittal of Qiliho is expected to be made in due course.

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