FORMER prime minister Voreqe Bainimarama was yesterday handed a 12-month sentence suspended for three years for the offence of unwarranted demand to a public official.
The case arose from an incident involving two police officers — Sergeant Penieli Ratei and Constable Tomasi Naulu — who received relatively light disciplinary penalties after taking photos of Jonacani Bainimarama, the brother of the former PM, and circulating the images on a police Viber group chats.
Bainimarama went on to pressure then-acting police commissioner Rusiate Tudravu, after receiving a call from the victim, to terminate the officers’ employment or face resignation.
In his sentencing remarks, Justice Thushara Rajasinghe said the 71-year-old politician breached the institutional independence given to the Commissioner of Police by committing the offence.
He said the sentence was primarily based on the principle of deterrence aimed at deterring both elected and appointed public officials from committing offences of a similar kind and to protect the community from such offenders.
Although his conduct amounted to abuse of authority, Justice Rajasinghe ruled it did not involve any fraudulent element aimed at obtaining a monetary or material advantage or causing financial or material loss to the State.
“The conviction of this offence significantly affects you, as you are disqualified from standing for a parliamentary election for the next eight years under Section 56 (2) (g) of the Constitution,” stated the judge.
“This reduces the likelihood of re-offending or committing the same or similar offence during that period.”
It was also submitted in court that his worsening health condition required ongoing medical monitoring and care.
Based on the subjective circumstances of the offences and reasons provided in the ruling, Justice Rajasinghe said it was appropriate to suspend the custodial sentence.
“If you commit an offence and are found guilty during this period of three years, you are liable to be charged and prosecuted for an offence under Section 28 of the Sentencing and Penalties Act.”
Outside court, Bainimarama thanked his lawyers, Devanesh Sharma and Gul Fatima, and expressed gratitude for the prayers and support of friends and family through out the trial.
