Sitiveni Qiliho [left] and Voreqe Bainimarama

Acting Director of Public Prosecutions, John Rabuku, has filed an appeal against the sentence of the former Prime Minister, Voreqe Bainimarama, and suspended Commissioner of Police, Sitiveni Qiliho.

Rabuku says the sentence delivered by Magistrate Puamau is unsatisfactory, is wrong both in fact and in law, and does not reflect the considerations and tariffs of cases or matters of similar nature.

The former PM was granted an absolute discharge while the suspended COMPOL received a conditional discharge with a fine of $1500 this morning by the Suva Magistrates Court.

Voreqe Bainimarama was charged with one count of attempting to pervert the course of justice, and Sitiveni Qiliho was charged with one count of abuse of office.

The former PM and the suspended COMPOL were found not guilty and acquitted accordingly by Resident Magistrate Seini Puamau at Suva Magistrates Court on October 12, 2023.

The state had filed an appeal against their acquittal, and the Acting Chief Justice then overturned the Magistrate’s decision and found the two guilty as charged.

The matter was then sent back to the Magistrates’ Court for sentencing.

In sentencing the duo, Magistrate Puamau announced that both their convictions would not be registered.

The state has filed four grounds of appeal, stating 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 is 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 is 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 Notice of Appeal against the sentence was filed in the High Court this afternoon.