Assistant Director of Public Prosecutions Laisani Tabuakuro will not recuse herself in the case of former prime minister Voreqe Bainimarama and former commissioner of police Sitiveni Qiliho.
Ms Tabuakuro also informed Magistrate Shageeth Somaratne the State would not respond to the recusal application filed by defence lawyer Devanesh Sharma.
Mr Bainimarama and Mr Qiliho appeared for the motion hearing on the State’s application to have their substantive case transferred to the High Court for trial. The case involves the sacking of two police officers in 2021.
Mr Bainimarama is charged with unwarranted demands by a public officer between May 21 and August 18.
He is accused of demanding that the then Acting Police Commissioner, Rusiate Tudravu, terminate the services of Sergeant Penieli Ratei and Constable Tomasi Naulu.
The particulars of the offence state Mr Tudravu was told he would have to resign if he did not terminate the officers’ work contracts.
Mr Qiliho is also charged with two counts of abuse of office for reviewing the disciplinary action decision made by Mr Tudravu.
Ms Tabuakuro argued the matter should be heard in the High Court because it has competent jurisdiction.
“This is not merely an interpretation issue, it is much more than that,” she said.
This interpretation issue relates to the definition of the terms ‘public service’ and ‘civil service’ under Section 163 (C) and needs to be resolved and dealt with in a court that has unlimited jurisdiction.
Mr Sharma, however, argued that this was a pretrial issue under Section 290, which could be dealt with by the lower court during proceedings.
He noted that if, during the no-case-to-answer phase, the court finds the issue complicated, the magistrate has the discretion to refer the matter to the High Court for interpretation.
Meanwhile, parties have agreed for the recusal application to be heard after Magistrate Somaratne delivers his ruling on June 6.
