The High Court of Fiji has ruled former Commissioner of Police, Sitiveni Qilihio did not follow the procedure while terminating a police officer in May 2021.
In March 2021, Shymal Kumar was issued with two default notices dated 3 March and 4th March alleging incidences that occurred in November of 2020.
In March 2021 he was indicted before the Police Tribunal where on the day of hearing, he pleaded guilty. He told the High Court he was never served with disclosures nor represented by a senior officer.
Mr Kumar sought a judicial review over his dismissal.
“The Applicant (Mr Kumar) contended that the dismissal by the Commissioner was unfair, unreasonable and irrational,” stated Puisne Judge of the High Court of Fiji, Mrs Senileba Waqainabete-Levaci in her June 13 ruling.
“The powers of the Commissioner under section 33 and 32 of the Police Act to review the findings and thereafter impose punishment or sentence is a judicial decision.”
“The decision of the Commissioner arising from the Tribunal’s findings, did not indicate whether or not mitigation was recorded by the Tribunal on his plea of guilt.”
“I find that the Commissioner had acted irrationally and erred in law by immediately dismissing the Applicant without failing to invite the Applicant to mitigate prior to terminating and depriving him of his form of livelihood.”
The court ruled the decision of the Police Commissioner of 11th May 2021 to dismiss Mr Kumar without hearing his mitigation is unreasonable, unjust and irrational and issued orders to quash the decision of the Police Commissioner of 11 May 2021.
“The Applicant (Mr Kumar) is to be reinstated and his salaries which were suspended from indictment until his dismissal be repaid to him. alternatively, that the Applicant be repaid his full salary and benefits from the date of indictment until judgment and a compensation on a generous scale be awarded to him.
The Fiji Police Force has 60 days to comply with the orders, and they are to pay Mr Kumar $2,500 in costs.
