The Prime Minister has no constitutional authority to remove the Commissioner or Acting Commissioner of Police, according to a ruling by Justice Thushara Rajasinghe in the case involving former Prime Minister Frank Bainimarama and former COMPOL Sitiveni Qilihio.
In his judgment on October 2, Justice Rajasinghe clarified that the powers to appoint or remove the Commissioner of Police lie solely within the framework of Section 137 of the Constitution and the Police Act.
“Under the Constitution and the Police Act, the Prime Minister has no authority to remove the Commissioner of Police,” said Justice Rajasinghe.
“He only serves as the Chairperson of the Constitutional Offices Commission.”
He also ruled that only the Commissioner of Police has the authority to appoint or remove Police Officers, as outlined in the Police Act.
“Therefore, the Prime Minister has no legal power to remove the Acting Commissioner of Police or the Deputy Commissioner of Police,” the judge stated.
Justice Rajasinghe noted that while evidence showed Mr Bainimarama and Mr Qilihio had a close working relationship from their time in the military, there was no evidence that Mr. Bainimarama had formal authority over Mr Qiliho’s role as Commissioner.
“The Prosecution provided evidence that Mr. Bainimarama and Mr. Qiliho served together in the military and shared a close relationship. However, there is no evidence to suggest that Mr. Bainimarama held any power or authority over Mr. Qiliho in carrying out the Commissioner’s duties,” the judge said.
The court heard that Mr. Bainimarama had directly called then Acting Commissioner Rusiate Tudravu, angrily demanding action against officers involved in an incident with a person referred to as Mr. JB.
“He sounded very angry and swore at the Police for what they had done to Mr. JB,” Justice Rajasinghe said, citing testimony from Mr. Tudravu and then-Minister Inia Seruiratu.
“It is important to assess how a person with normal stability and courage would respond to the Prime Minister’s call, demanding that the Police Officer be dismissed, made in a clearly angry tone,” the judge noted.
Mr. Tudravu, a senior police officer with 39 years of service, responded by suspending the officers the same day and establishing a disciplinary tribunal.
“Mr. Tudravu wished to continue his employment until the end of his contract,” the judge said, adding that the tribunal process concluded efficiently within three months.
Despite Mr. Bainimarama’s influence as Prime Minister and Chair of Cabinet, the court stressed that this role did not grant him executive powers over the police leadership.
“A reasonable person is expected to make a reasonable decision, not a legally and factually rational one,” Justice Rajasinghe stated. “However, the legally correct conclusion of a lack of authority to remove must be taken into consideration.”
