THE sentencing of former prime minister Voreqe Bainimarama and former police commissioner Sitiveni Qiliho has been a roller-coaster ride for many, drawing both criticism and applause from different factions across the country.
Yesterday, the ordeal of the two men finally came to an end with their fate sealed by custodial sentences with Bainimarama given 12 months and Qiliho, two years.
Here we look at the judgement and sentence by acting Chief Justice Salesi Temo, who had to review the case twice before delivering the final blow.
The State’s appeal
Lawyers of the office of the Director of Public Prosecutions filed an appeal against the pair’s acquittal by Magistrate Seini Puamau on October 12, 2023.
Following oral submissions, the Court of Appeal and Justice Temo ruled on March 14 this year that Magistrate Puamau had erred in fact and law when she found Bainimarama not guilty and acquitted him of one count of attempt to pervert the course of justice.
Justice Temo ruled Ms Puamau also erred in law by finding Qiliho not guilty of abuse of office.
In his ruling on March 14, the acting Chief Justice ruled the case be sent back to Ms Puamau with orders that a sentence be delivered by March 28.
Ms Puamau’s ruling
Despite orders from the Court of Appeal, Ms Puamau delivered a non-custodial sentence for the pair. For Bainimarama, Ms Puamau granted absolute discharge while Qiliho was ordered to pay a fine of $1500 without recording a conviction.
With this ruling, Justice Temo said the State was not happy with the sentencing orders.
It filed its petition of appeal.
In their appeal, State lawyers argued that the sentence imposed by Ms Puamau was manifestly lenient and in breach of sentencing principles, case laws and tariff set in other similar matters and offences.
The State asked the High Court to quash the sentence passed in the Magistrate’s Court and to pass such other sentences warranted in law pursuant to Section 256(3) of the Criminal Procedure Act 2009. Delivering a strict deadline, Justice Temo ordered that oral and written submissions be made before a sentence was delivered on May 9.
Overturning Ms Puamau’s judgement
“In my view, by ignoring the fact that the High Court had convicted both respondents of the charges they faced on March 14, 2024, the learned magistrate had acted on a wrong principle that is, not following the binding decision and directions of a superior court, that is the High Court of the Republic of Fiji,” said Justice Temo.
He said by granting Bainimarama an absolute discharge, Ms Puamau had not taken into account that this option was “not available to her given that the High Court had convicted the first respondent on the same offence on March 14”.
“Because of the above, the sentences, the learned magistrate issued on March 28, 2024, against both respondents were null and void. It was equivalent to both respondents not being sentenced at all.”
Breaking an oath
The oath by Bainimarama while taking up the Prime Minister Office, said Justice Temo, required him to “obey, observe, uphold and maintain the Constitution and all other laws of Fiji, 24 hours, seven days a week”.
Justice Temo said for the former PM to tell Qiliho to stay away from the USP investigation was “certainly a breach of the above oaths and the public trust”.
He said he disagreed with Ms Puamau’s sentencing comments that Bainimarama’s offence was technical in nature and trivial.
“Your words, actions, comments, orders and directions as the PM of the Republic of Fiji at the material time carried great weight with the leaders of the various government departments and government statutory bodies.
“It carried great weight with the members of Cabinet.”
The acting Chief Justice said Qiliho also breached the public’s trust.
“By virtue of Section 129 (3) of the Constitution, he commands the Fiji Police Force and is responsible for its administration, organisation, deployment and its control in those matters he is not subject to anyone’s control.
“He is the top police officer and it is his task to lead the police and maintain law and order.”
He said for Qiliho to order his officers to stay away from the USP investigations was a direct violation of the Police Act “and as such was a breach of the public trust in him”.
Men of character
At the age of 70, Justice Temo said Bainimarama’s character references from some notable figures would be considered.
“I have taken on board the character references provided on your behalf to the Magistrate’s Court by two former presidents of the Republic of Fiji Ratu Epeli Nailatikau and Major-General (retired) Jioji Konrote and the former commander of the RFMF and Member of Parliament Viliame Naupoto.
“They certainly spoke highly of you and I have read their references carefully.”
He said people who spoke for Qiliho also spoke highly of the former police commissioner.
“I have taken on board your character reference provided by the Honourable Leader of the Opposition Inia Seruiratu and former RFMF commander Viliame Naupoto.
They attested to the fact that you have served your country well in the RFMF when you joined in 1988.
“They said you also worked hard in the police but for this offence. It was recognised that you were a hard working family man.”
Final orders
Sentencing Bainimarama to a one-year prison term and the former COMPOL to two years, Justice Temo also requested that medical attention be provided for the former PM while he served his time behind bars.
“I order that the Commissioner of Prison and or his nominee with his or her medical team meet and work out a medical care plan with the first respondent’s doctor and map out his continued use of the CPAP (continuous positive airway pressure) machine therapy, the use and charging of his mobile phone for his pacemaker recording continued medication and other medical issues of concern.”
