A case involving former prime minister Voreqe Bainimarama and former commissioner of police Sitiveni Qiliho in relation to the sacking of two police officers is still before the Magistrate’s Court.

This is despite arguments by defence lawyer Devanesh Sharma that while the lower court could interpret constitutional issues, it could not enforce it “as per a ruling delivered by Justice Rajasinghe last week in another prominent case”.

The case called before Magistrate Jeremaia Savou was on the definition of “civil service and public service” which relates to the elements of Mr Qiliho’s charge.

Mr Bainimarama is charged with unwarranted demands made by a public officer between May 21 and August 18.

He is accused of demanding that the then former acting commissioner of police Rusiate Tudravu terminate the services of Sgt Penieli Ratei and Constable Tomasi Naulu.

The particulars of the offense state Mr Tudravu was told he would have to resign if he did not terminate the officers’ work contract.

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

Mr Sharma agreed to the suggestion made by Mr Savou to have the matter transferred to the High Court to interpret the definition of civil service and public service.

State lawyer Pooja Mishra said the matter could be heard in the lower court because the interpretation was already dealt with by Magistrate Seini Puamau.

Ms Pooja said the lower court was bound by the decision of the High Court which had already ruled on the issue.

But Mr Sharma said he wanted the issue dealt with “once and for all in the High Court” and would be filing a motion to that effect on March 28 before the hearing on April 11.