State asks for prison sentence for Bainimarama and Qiliho while defence asks for non-prison sentence

State lawyer Losalini Tabuakoro has submitted that former Prime Minister, Voreqe Bainimarama and suspended Police Commissioner, Sitiveni Qiliho should be imprisoned for 1 to 3 years and 6 to 10 years respectively while the defence counsel, Devanesh Sharma says Bainimarama and Qiliho do not deserve a prison sentence.

In her submission, Tabuakoro says the sentencing should be a deterrent and not for rehabilitation.

She submits to the court to impose immediate custodial sentences and consider the sentence at a higher tariff.

The attempt to pervert the course of justice has a maximum tariff of 5 years while Qiliho’s charge of abuse of office carries a maximum tariff of 10 years.

She says good character is not a mitigating factor however, the Magistrate says she does not think so.

Tabuakoro further says Bainimarama’s health should also not be a mitigating factor as Bainimarama is way younger than late former Prime Minister Laisenia Qarase who was 71 years old, had 5 children, a wife who had a stroke and was also on several boards but he was still sent to jail and given a custodial sentence.

She also says Qiliho’s action was prejudicial and harmful to the interest of the country.

The DPP lawyer also says the Magistrate did a wonderful job in the no case to answer which the High Court adopted in terms of what were their responsibilities and obligations.

Magistrate Puamau responded that it was the same hand and same mind but somehow great one way but bad the other.

Tabuakoro says Bainimarama should not be hinting things to the Police Commissioner as there are clear bureaucratic processes and they hold high public offices and had powers.

She says Bainimarama and Qiliho’s lawyer Devanesh Sharma alleges that there are no victims of the offence by Bainimarama and Qiliho but the victims are USP and Fijian taxpayers.

While quoting the High Court’s decision that USP was given $36 million and the Prime Minister had a responsibility to the taxpayers, Magistrate Puamau says the $36 million was not part of the evidence.

While making the mitigation submission in court this morning, Sharma says the starting point here is not jail sentence and in the worst case, it is a suspended sentence.

He says the sentence in both cases is less than 2 years.

Sharma says Acting Chief Justice Salesi Temo gave less credibility to the defence's evidence but it does not mean it's to be ignored.

He says the Magistrates Court has the totality of evidence and the High Court focused on the no case to answer ruling that had the prosecutors case but the Magistrates Court has the defence evidence as well.

While Sharma was speaking about an evidence that late DPP Ratu David Toganivalu did not challenge, Tabuakoro objected saying that Sharma is stating facts for the matter which is before the Court of Appeal.

She says they should not be regurgitating the facts of the case as they are there for sentencing.

While adjourning the court for 5 minutes, Magistrate Seini Puamau told Tabuakoro that this is not an American court to which Tabuakoro responded that it is a Fijian court and also said that the Magistrate must caution herself as this is a matter before the Appeals Court. The Magistrate says she really does not see Sharma’s arguments as out of bounds.

Before continuing his submission, Sharma requested for court recordings and says he would like to hear what Tabuakoro had said as he thinks what she said was contemptuous.

Bainimarama has been found guilty of one count of attempt to pervert the course of justice while Qiliho has been found guilty of one count of abuse of office.

According to the charges, Bainimarama sometime in July 2020 as the Prime Minister directed the Police Commissioner to stop the investigation into a police complaint, in the abuse of the authority of his office, which was an arbitrary act prejudicial to the rights of the University of the South Pacific which is the complainant.

For Qiliho’s charges, the charges say that Qiliho on the 15th of July, 2020 as the Police Commissioner directed the Director of the Criminal Investigations Department, Serupepeli Neiko and Inspector Reshmi Dass to stop investigations into the police complaint by the USP, in the abuse of the authority of his office, which was an arbitrary act prejudicial to the rights of USP.

Bainimarama and Qiliho have to be sentenced by Magistrate Seini Puamau next Thursday.