Former Police Commissioner Sitiveni Qiliho

Former Police Commissioner Sitiveni Qiliho had the authority to review the Disciplinary Tribunal Process if there was a procedural impropriety during the hearing.

This was revealed by Fiji Police Director Legal Rajesh Krishna, the fifth witness in the trial of former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho.

Krishna testified that in 2021, the disciplinary tribunal’s recommendations were fair and were forwarded through the chain of command to the Commissioner of Police.

The tribunal was for Tomasi Naulu and Penieli Ratei, who were accused of unlawfully taking a picture of the former Prime Minister’s brother, Jonacani Bainimarama, and circulating it in a police Viber group.

The tribunal recommended that Naulu be fined for two days’ pay and issued a warning letter, while Ratei was to be fined for five days’ pay and issued a warning letter.

When questioned, Krishna clarified that then-Acting Police Commissioner Rusiate Tudravu did not change the recommendation; he passed the documents to the Human Resources Department to be formalized.

State lawyer Laisani Tabuakoro then asked about the subsequent timeline.

Krishna stated that Qiliho returned to office on August 6, 2021, and sought legal advice from him as Director Legal on three areas: his authority to review Tudravu’s decisions, the promotion of officers, and the extension of contracts for retaining officers.

Krishna confirmed that Qiliho conveyed this to him verbally.

Krishna further stated that he told Qiliho he was not in a position to give advice and sent a Viber message asking him to seek advice from the Solicitor General.

Krishna then wrote to the Solicitor General for an opinion via email, and the Solicitor General’s office responded the next day.

The email was addressed to Qiliho, and Krishna was copied on the correspondence.

Qiliho responded to the disciplinary tribunal, stating that he had reviewed and rescinded the decision, opting instead to terminate the two officers.

Krishna says detween August 11 and 19, he had no communication with Qiliho.

The two officers were informed of the termination on August 13 and asked to submit their show-cause letters, which they did on August 17.

They were dismissed on August 18, and the legal opinion from the Solicitor General’s office arrived on August 19.

The two officers challenged the decision in court, but their application for leave was not granted.

They appealed in 2023. An out-of-court settlement was offered to their lawyers, but they did not agree.

They put forth a counteroffer for reimbursement of legal fees, compensation for lost service, and an admission of guilt, which the police force did not accept.

After Qiliho was suspended, the two officers accepted the out-of-court settlement, citing the change in leadership.

The trial continues this afternoon.

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