FORMER commissioner of police Sitiveni Qiliho’s constitutional issue emanating from an abuse of office charge has been referred to the High Court for interpretation.

This, after the State did not object to the defence’s motion before Magistrate Shageeth Somaratne in Suva yesterday.

Qiliho, who appeared alongside co-accused former prime minister Voreqe Bainimarama, is facing charges related to the alleged wrongful termination of the contract of two police officers in 2021.

Bainimarama is charged with issuing unwarranted demands by a public officer between May 21 and August 18 of the same year.

He is accused of demanding that former acting commissioner of police Rusiate Tudravu terminate the services of Sergeant Penieli Ratei and Constable Tomasi Naulu or resign if he would not do so.

Qiliho is also charged with two counts of abuse of office for reviewing the disciplinary action decision made by Mr Tudravu.

The matter is being referred to the High Court for the interpretation of the terms civil service and public service.

This interpretation is to determine whether the commissioner of police is exempted from the definition of public service under section 163 of the 2013 Constitution and whether he can be charged under the Crimes Act.

The case will be called for mention at the High Court on May 14.