
The case involving the former Prime Minister and former Commissioner of Police does not rest with a single evidence.
This was the position of the state counsels when submitting their final submission at the Suva High Court this morning.
The state highlighted that cases of such nature, involving high ranking officials are inherited difficult.
State Lawyer Laisani Tabuakuro informed the court that the former PM based on the Prosecution evidence did make a demand with menace to the then Acting Commissioner Rusiate Tudravu.
While the former COMPOL Sitiveni Qiliho did make an intentional arbitrary act of overturning Tudravu’s decision on disciplinary tribunal involving two police officers who took pictures of the former Prime Ministers late brother.
The state added that Qiliho made errors when he over turned the decision of the former Acting commissioner and as someone who has been in the force for a long time he knew ways to provide reasonable excuses for his actions.
The state also argued that there are a lot of inconsistency with Qiliho as he stated something else in his caution interview and something else while giving evidence during trial.
Tabuakuro informed that there is documentary trail that shows the former Commissioners actions.
Therefore, the state asked the court to reject Qiliho’s recent fabrications.
Meanwhile, the defense counsels asked the Suva High Court this afternoon to look at all the hard evidence, timing, and the documents before the court and not at the speculations from the state or defense.
Sharma informed the court that the first charge was cunningly drafted and that it is not supported by any evidence, and therefore, this case has not been proved beyond reasonable doubt.
He stated that the Viber communications between the former PM and Tudravu doesn’t exist.
Therefore, there was no threat or menacing demand made by Bainimarama.
He also stated that there was no animosity between Tudravu and Bainimarama, and if there was why, would the former PM offer the Tailevu Provincial Council Chair position to him.
While for the second charge, the defense argued that Qiliho acted as an employer when he terminated the officers there, this is not a criminal matter but an administrative matter.
Sharma added that there was nothing sinister about Qiliho’s actions, and he addressed and acted on all of the recommendations that were made by the Solicitor General’s office.
Qiliho stands by his decisions that he made and admits that he made a mistake and tried to remedy it.
When the Judicial review was filed by the two officers, the SG office informed Qiliho that he had made a mistake and the former Police Commissioner was really to take them back.
Sharma stated that the two officers suffered because of their own arrogance when they chose to seek further compensation and apology from the Police force.
He also informed the court that there was not a single piece of evidence that shows that Bainimarama was contacting and trying to influence Qiliho in this matter.
The defense also stated that there was no evidence presented that any other officer was forced to resign because of pressure from the PM or otherwise.
In this matter, Bainimarama is charged with one count of making unwarranted demands as a public official, while Qiliho faces two counts of abuse of office.
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