Former prime minister Voreqe Bainimarama and former police commissioner Sitiveni Qiliho will stand trial at the High Court in Suva.
Magistrate Shageeth Somaratne ruled yesterday that the pair’s case, linked to the 2021 dismissal of two police officers, be transferred from the Magistrate’s Court.
The State had filed a motion asking the High Court to interpret and apply Section 163 of the Constitution, arguing it raises a substantive trial issue.
It also submitted that only the High Court has jurisdiction over such constitutional questions, which should be dealt with during trial.
The defence opposed the application, arguing that the matter could be addressed at pre-trial stage in the lower court under the Criminal Procedure Act, and that the Magistrate’s Court was competent to hear it.
Mr Bainimarama is charged with making unwarranted demands between May 21 and August 18, 2021.
He is accused of directing then Acting Police Commissioner Rusiate Tudravu to terminate the services of Sergeant Penieli Ratei and Constable Tomasi Naulu.
The charge alleges Mr Tudravu was told he would have to resign if he failed to dismiss the two officers.
Qiliho faces two counts of abuse of office for allegedly reviewing the disciplinary decision made by Mr Tudravu.
In his ruling, Mr Somaratne said the High Court was the most suitable forum to interpret key terms such as “public service” and “civil service” in the Constitution, and to consider the broader public interest.
He said both men were entitled to have the charges resolved without unnecessary delay and that an early and authoritative ruling by the High Court would best serve the public interest.
Mr Somaratne added that if the High Court chose to return the matter to the lower court, he would aim to fast-track a hearing date within the current year, depending on the availability of legal counsel.
“Such a course of action would serve the dual purpose of demonstrating to the public that undue delays in high-profile cases are not tolerated, while also safeguarding the respondent’s rights to a trial within a reasonable time frame.”
Mr Bainimarama and Qiliho are scheduled to make their first appearance in the High Court on June 26.
