Two police officers convicted in disciplinary proceedings in 2021 for photographing the brother of a former prime minister and sharing the image in a Viber group chat were recommended for a reprimand and not dismissal.
This was the testimony given in the High Court in Suva of tribunal officer Anil Prasad, who presided over the disciplinary case of Sergeant Penieli Ratei and Constable Tomasi Naulu.
He was one of four State witnesses to testify yesterday.
The case relates to former prime minister Voreqe Bainimarama, who is accused of making unwarranted demands as a public officer between May 21 and August 18 of that year.
He is alleged to have pressured the then acting Police Commissioner, Rusiate Tudravu, to sack the two officers or resign from work.
Mr Prasad told Justice Thushara Rajasinghe that five officers were subject to disciplinary proceedings which acquitted three while Sgt Ratei and Constable Naulu were found guilty on July 28, 2021.
Sgt Ratei was found responsible for taking the photograph, while Constable Naulu was guilty of sharing it in a Viber group.
Mr Prasad said he did not recommend dismissal because the two were following orders from their superiors.
The tribunal ruling stated the officers had, while on duty, photographed a Jonecani Bainimarama and his taxi licence plate over allegations of drug transportation. The image was shared in a Viber group used to monitor COVID-19 operations.
Mr Prasad agreed with defence lawyer Devanesh Sharma that photographing a person who was not in custody breached the Police Act 1965.
Deputy Director of Human Resources Jovilisi Leweniqila testified that former Police Commissioner Sitiveni Qiliho directed a show-cause letter be issued to the two officers on August 13, 2021.
The letter required them to explain why they should remain in the force. The officers were given until August 16 to respond, despite the standard timeframe for a show-cause response being 14 days.
When asked by Assistant DPP Laisani Tabuakuro if Mr Qiliho had explained the shortened timeframe, Mr Leweniqila said he had not.
Another witness, ASP Devika Narayan, who oversees police records and registry, told the court that the tribunal’s decision was published in the organisation’s weekly “Force Routine Orders” (FRO). The FRO dated August 6 of that year confirmed the officers had received a two-day pay fine and a final warning letter, a decision finalised two days earlier.
Former police commissioner Sitiveni Qiliho also faces two counts of abuse of office in relation to the case.
Meanwhile, Opposition Leader Inia Seruiratu also took the stand yesterday.
He told the court he recalled receiving a phone call from Mr Tudravu during the relevant period, in which the then acting commissioner mentioned that his relationship with Mr Bainimarama “was not good”.
Mr Seruiratu, who was defence minister at the time, said he had advised Mr Tudravu to remain patient and wait for an opportunity to speak with the then prime minister.
The trial continues today.
