Former prime minister Voreqe Bainimarama and suspended Commissioner of Police Sitiveni Qiliho avoided jail in the Magistrate’s Court yesterday, but will now appear before Acting Chief Justice Salesi Temo next Wednesday after an immediate appeal by the Director of Public Prosecutions.
Magistrate Seini Puamau granted an absolute discharge without conviction to Mr Bainimarama after Justice Temo found him guilty on a charge of perverting the course of justice two weeks ago.
Mr Qiliho, who was found guilty by Justice Temo of abuse of office, was discharged without conviction but with a $1500 fine.
In a public statement yesterday DPP John Rabuku labelled the sentences “unsatisfactory” and “wrong in both facts and law” and said he had filed an appeal.
He later confirmed that his office had received a notice of hearing from the High Court requiring Mr Bainimarama and Mr Qiliho to appear before Justice Temo on Wednesday 3 April on the appeal.
In his statement Mr Rabuku said the Magistrate’s Court sentence “is unsatisfactory, is wrong both in fact and in law and does not reflect the considerations and tariff of cases or matters of similar nature,” he said.
He said the State appealed on four grounds which were:
that the sentences were manifestly lenient and in breach of sentencing principles, case laws and the tariff set in other similar matters and offences;
that the magistrate erred in law and fact in finding that there were no aggravating factors against Mr Bainimarama and Mr Qiliho;
that the magistrate erred in law and in fact in considering irrelevant factors in sentencing them; and
the magistrate erred in law and in fact when she found that there was no victim and that the offending was a technical breach by both respondents.
