The High Court in Suva has dismissed a constitutional redress application filed by former iTaukei Land Trust Board senior research officer Josaia Waqairatu seeking a fresh trial after being convicted of bribery charges.
Waqairatu was convicted on August 28 of two counts of bribery by Magistrate Vinaina Diroiroi following a trial conducted in late 2025.
The lower court found that he solicited a $450 advantage between September 1 and December 31, 2019, as an inducement for performing his duties as a public servant.
Through his lawyer, Simione Valenitabua, Waqairatu filed an urgent constitutional motion seeking to quash his conviction and order a trial de novo (new trial).
He argued that his trial was unfair because Magistrate Diroiroi had been transferred to Sigatoka in January 2026 before judgment was delivered, and that another magistrate, Joseph Daurewa, read the judgment and took over sentencing proceedings without informing him of his rights under Section 139 of the Criminal Procedure Act.
In a judgment delivered on October 5, Justice Tuiqereqere ruled that Magistrate Diroiroi did not relinquish jurisdiction despite her transfer, as she had heard all the evidence, prepared, and signed the written judgment herself.
Justice Tuiqereqere held that there was no procedural unfairness in the trial itself and dismissed the motion with no order as to costs. However, the judge noted that unless there is an impediment, Magistrate Diroiroi should perform the sentencing as she is best placed to do so, having heard the evidence.
The case will be called tomorrow in the Suva Magistrate’s Court.
