The defence in the trial of former prime minister Voreqe Bainimarama and suspended police commissioner Sitiveni Qiliho, will be making submissions of no case to answer in the Suva Magistrate’s Court tomorrow.
Yesterday, defence lawyer Devanesh Sharma told the court this after cross examining Fiji Police Narcotics Bureau director Senior Superintendent of Police Serupepeli Neiko.
During examination in chief by Acting Director of Public Prosecutions (ADPP) David Toganivalu, Mr Neiko said he took over as acting director for the Criminal Investigations Department (CID) in late 2018, relieving then director CID and now Fiji Police director strategic planning and policy — Mesake Waqa, who had gone abroad for studies.
He said he dealt with the University of the South Pacific (USP) case in which claims of financial mismanagement were made against senior USP executives.
Mr Neiko said he directed the investigation be made through the Major Fraud and Economic Crime Unit (MFE- CU).
He told the court the docket had been sent to the DPPs’ office, which outlined further investigations and documents be obtained, and this letter from the DDPs’ office was forwarded to the director of the MFECU.
He also said he wrote to the director MFECU to comply with the DPPs’ request and expected investigators to continue investigating the case.
Mr Neiko said on July 15, 2020, he received a call from Mr Qiliho, asking him why CID was still investigating the USP case, as it was an internal issue, and to speak with the investigating officer.
He said he called the investigating officer, Reshmi Dass, and when they called Mr Qiliho back, they had the phone on speaker so both Mr Neiko and Ms Dass would hear the instructions. Mr Neiko said Mr Qiliho answered the phone and began talking with Ms Dass.
He said Mr Qiliho asked why a USP staff member was questioned at CID headquarters. And that Mr Qiliho directed investigations into the USP case be stopped as it was an internal matter, and that had come from the Prime Minister’s office. Vodafone records exhibited by the prosecution showed the two calls were made around 10.40am on July 15, 2020.
Mr Neiko said the call and discussions were noted in Mr Neiko and Ms Dass’s diaries.
He said that was the last time he heard of the case and after that, in November 2020, he was transferred to the Narcotic Bureau.
During crossexamination, Mr Sharma asked Mr Neiko to tell the court what the purpose of the minutes as per the Fiji Police Force Standing Orders was.
Mr Neiko said it was formal correspondence between the investigating officer, supervisor, and other officers handling the file, recording decisions taken on the file, that there were specific ways they were to be recorded.
When asked whether he was aware of FICAC’s investigation into the USP case, Mr Neiko said he found out about it during the conversation with Mr Qiliho.
Mr Sharma asked why there was no minutes recorded of Mr Qiliho’s instructions at the time when he held the highest office in the Police Force. Mr Neiko said the directive was verbal and that there were no minutes of Mr Qiliho’s directive on the file docket.
He said he was unaware of a request from then chief of Investigations, Intelligence, and Prosecutions Biu Matavou to take the Police docket to his office for review on September 17, 2020 because the then acting commissioner Rusiate Tudravu was going to attend the National Security Council (NSC) meeting and had asked for an update on the investigation.
He also said he was unaware that sometime on September 17, Mr Matavou called him to say Mr Tudravu received a directive from the NSC to stop the investigation.
Mr Sharma asked if there was any reason for Mr Matavou to testify that he called him and gave the directive, and Mr Neiko said he was not in a position to answer that question.
He said the decision to file away was made on January 6, 2022, and requirements to file away the case were met on January 8, 2022, and that CID stopped the investigation, but it was not recorded in the minutes.
He also said neither he nor Ms Dass made any effort to verify Mr Qiliho’s instructions, and agreed Mr Qiliho was entitled to be concerned about the duplication of the investigation with Fiji Independent Commission Against Corruption.
When asked if the DPP had the power to direct investigation as he had said, Mr Neiko said yes, and was asked by Ms Puamau which law gave the DPP that power.
Ms Puamau also asked the ADPP whether he had that power, and he replied that the DPP did not have powers to direct investigations but could make recommendations.
Mr Sharma asked if any reports regarding the USP investigation were given to Mr Qiliho between July 15 and July 31, 2020, and Mr Neiko said no reports were given.
Mr Sharma also asked if the commissioner had the right to ask for reports on cases of national interest, and Mr Neiko said the commissioner did.
Mr Toganivalu closed the prosecutions case and Mr Sharma said in light of the evidence led in court, submissions for a no case to answer would be made for both accused as there were issues and broken elements that did not meet the threshold.
The matter will be called for the defence’s submissions tomorrow.
