FORMER Prime Minister Voreqe Bainimarama, the first person in Fiji to be prosecuted under the offence of “unwarranted demand to a public official”, is set to be sentenced by the High Court in Suva today.
Bainimarama was found guilty on October 2 of making an unwarranted demand of then acting Police Commissioner Rusiate Tudravu between May and August 2021.
He was initially charged alongside former police commissioner Sitiveni Qiliho, who faced two counts of abuse of office. However, trial judge Justice Thushara Rajasinghe found Qiliho not guilty and acquitted him.
The case arose from incidents involving two police officers, Sergeant Penieli Ratei and Constable Tomasi Naulu, who received relatively light disciplinary penalties after taking photos of Jonacani Bainimarama, the brother of the former PM, and circulating the images on police Viber group chats.
Bainimarama went on to pressure Mr Tudravu, after receiving a call from the victim, to terminate the officers’ employment or face resignation. Mr Qiliho later overruled the disciplinary decision by terminating the officers.
His lawyer, Devanesh Sharma, during the sentencing hearing last week, pleaded that the court consider either a three-year suspended sentence, community service, or a fine instead of another custodial sentence.
The assistant Director of Public Prosecutions, Laisani Tabuakuro, is seeking a custodial sentence, taking into account that Bainimarama had used his position to make an unwarranted demand to Mr Tudravu with menace, despite being fully aware he had no authority to do so.
In a separate case last year, Bainimarama was convicted and sentenced to 12 months’ imprisonment. He was found guilty alongside former Police Commissioner Sitiveni Qiliho, who received a two-year sentence. Chief Justice Salesi Temo delivered the sentencing on May 9.
Bainimarama is currently out on bail and will be sentenced at 2.30pm.
