A court ruling in favour of Fiji’s dismissed anti-corruption chief has “embarrassed” Prime Minister Sitiveni Rabuka, a New Zealand-based Fiji politics academic says.

University of Canterbury distinguished professor Steven Ratuva told RNZ Pacific Waves that while the Fiji High Court decision on Barbara Malimali offered “clarity” on the separation of powers, it added “to the weight of responsibilities” piling up under Rabuka’s leadership.

On Monday, the court ruled that Malimali’s dismissal was unlawful — a decision she said “vindicated” her. Rabuka immediately announced that he would be appealing the decision, but later told local reporters that he would “consider” resigning if the appeal failed.

“[Resignation] is an option,” he said.

Despite this, Rabuka’s Information Minister Lynda Tabuya told reporters on Tuesday that the prime minister had the full support of the cabinet.

“It was a resounding sentiment in cabinet that we would not accept his resignation,” she said in a post-cabinet press briefing on Tuesday, adding that Rabuka had “unanimous support . . .  to continue to lead this country and continue to lead us.”

Rabuka had not admitted to any wrongdoing and reports in the media “need to be corrected,” Tabuya said.

Fiji military commander Major-General Jone Kalouniwai also weighed in on the turn of events, telling local media that the army is maintaining “a [situational] awareness of what is happening” given that the country was heading into an election period.

“It’s important for us to understand what’s happening. Looking at it from a security perspective, things can cascade into a different situation,” he told The Fiji Times.

Dr Ratuva said all the issues Rabuka was having to deal with were “leading him to breaking point”.

“The fact that he has signalled his willingness to resign if the appeal doesn’t come through, is something which only [Rabuka] himself will have to decide,” he said.

“A lot of people have been asking for his resignation in the last few months for different reasons, particularly in relation to the way some of these complex challenges have been handled by the government.

“So it depends very much on what’s going to happen after the appeal, and the process might go on for some time . . .  even the election might come in between.”

Fiji is expected to head to the polls anytime between August 7 (earliest) this year and 6 February 2027 (latest).

Dr Ratuva said Fijian opposition parties will try to use some of these issues faced by Rabuka as part of campaigning.

“Anything can be leveraged as a means of manoeuvring your opposition, so certainly it is something which will arise during the election campaigns,” he said.

He said other issues such as the cost of living, health, infrastructure, rising crime, drugs, would become campaign issues during the election.

The government under Rabuka, he said, would be on the defensive in terms of making sure that they would be re-elected.

“But then that depends very much on how they are able to handle these issues, and of course, the choice of the voters ultimately,” Dr Ratuva said.

“The number of scandals and the number of crisis, which have defined the rule of this particular coalition has diverted attention away from the real issues on the ground, so they have to live with it and the consequences are going to be felt in the next election.”

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

The Fiji government looks set to pay around NZ$1.5 million in damages to the disgraced former head of the country’s anti-corruption agency FICAC.

The state is offering Barbara Malimali an out-of-court settlement after her lawyer lodged a judicial review of her sacking in the High Court in Suva.

Prime Minister Sitiveni Rabuka suspended Malimali from her role on May 29, following a damning Commission of Inquiry into her appointment.

Malimali was described as “universally corrupt” by Justice David Ashton-Lewis, the commissioner of the nine-week investigation, which involved 35 witnesses.

“She was a pawn in the hands of devious members of government, who wanted any allegations against them or other government members thrown out,” Ashton-Lewis told RNZ Pacific Waves earlier this month.

Tanya Waqanika, who acts for Malimali, told RNZ Pacific that her client was seeking a “substantial” payout for damages and unpaid dues.

Waqanika met lawyers from the Attorney-General’s Office in the capital, Suva, on Tuesday after earlier negotiations failed.

Expected to hear in writing
She declined to say exactly what was discussed, but said she expected to hear back in writing from the other party the same day.

A High Court judge has given the government until 3pm on Friday to reach a settlement, otherwise he will rule on the application on Monday.

“We’ll see what they come up with, that’s the beauty of negotiations, but NZ$1.5 million would be a good amount to play with after your career has been ruined,” Waqanika said.

“[Malimali’s] career spans over 27 years, but it is now down the drain thanks to Ashton-Lewis and the damage the inquiry report has done.”

She said Malimali also wanted a public apology, as she was being defamed every day in social media.

“I don’t expect we’ll get one out of Ashton-Lewis,” she said.

Adjournment sought
During a hearing in the High Court on Monday, lawyers for the state sought an adjournment to discuss a settlement with Waqanika.

However, she opposed this, saying that the government’s legal team had vast resources and they should have been prepared for the hearing.

Malimali filed a case against President Naiqama Lalabalavu, Rabuka and the Attorney-General on June 13 on the grounds that her suspension was unconstitutional.

Waqanika said the President suspended her on the advice of the Prime Minister instead of consulting the Judicial Services Commission.

Government lawyers approached Waqanika offering a compensation deal the same day she lodged a judicial review in the High Court.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

“Justice has won,” says Fiji’s acting Director of Public Prosecutions John Rabuku following the sentencing of former prime minister Voreqe Bainimarama and former police commissioner Sitiveni Qiliho.

Speaking to The Fiji Times, Rabuku said that while they welcomed the judgment by acting Chief Justice Salesi Temo, there was nothing to celebrate about the outcome of the case.

Former Fiji prime minister Bainimarama was sentenced to  one year in prison for perverting the course of justice.

Bainimarama, alongside suspended Fiji Police Commissioner Sitiveni Qiliho appeared in the High Court in Suva last Thursday for their sentencing hearing for a case involving their roles in blocking a police investigation at the University of the South Pacific in 2021.

Qiliho was sentenced to two years jail for abuse of office.

“We don’t celebrate anybody that is going into jail,” said Rabuku.

Worked ‘without prejudice’
“All we can say is that at the end of the day justice wins in this case.

“We will not celebrate the fact that a former prime minister and a former police commissioner have gone in.”

Rabuku said his team of prosecutors had achieved what the state had set out to do.

“I think our team are seasoned prosecutors.

“They looked at all of the facts and worked to prosecute without any prejudice.

“That is something that we have maintained throughout this whole case.

“Again, from our side, at the end of the day justice wins.”

Republished from The Fiji Times with permission.

Article by AsiaPacificReport.nz

Former Fiji Prime Minister Voreqe Bainimarama has been sentenced to one year in prison, Fiji media are reporting.

Bainimarama, alongside suspended Fiji Police Commissioner Sitiveni Qiliho appeared in the High Court in Suva today for their sentencing hearing for a case involving their roles in blocking a police investigation at the University of the South Pacific in 2021.

Qiliho has been sentenced to two years jail.

Bainimarama and Qiliho jailed.      Video: Fiji Village

Bainimarama, the 69-year-old former military commander and 2006 coup leader, had been found guilty of perverting the course of justice.

Qiliho had been found guilty of abuse of office by the High Court Acting Chief Justice Salesi Temo, who upheld the state’s appeal.

Bainimarama and Qiliho walked out of the High Court in Suva in handcuffs, and were escorted straight into a police vehicle.

“The former PM and the suspended COMPOL were found not guilty and acquitted accordingly by Resident Magistrate Seini Puamau at the Suva Magistrates Court on 12 October 2023,” the Office of the Director of Public Prosecutions said.

“The State had filed an appeal against their acquittal where the Acting Chief Justice, Salesi Temo then overturned the Magistrate’s decision and found the two guilty as charged. The matter was then sent back to the Magistrates’ Court for sentencing.

“In sentencing the duo, Magistrate Puamau announced that both their convictions would not be registered. The former PM was granted an absolute discharge while the suspended COMPOL received a conditional discharge with a fine of $1500 on 28 March 2024 by the Suva Magistrates Court following which the State had filed an appeal and challenged the discharge for a custodial sentence.

“The Acting Chief Justice quashed the Magistrate Court’s sentence and pronounced the custodial sentences respectively.”

Earlier today, local media reported an increased police presence outside the Suva court complex.

“There is more pronounced police presence than usual with vehicles being checked upon entry. A section has been cordoned off in front of the High Court facing Holiday Inn,” broadcaster fijivillage.com reported.

State broadcaster FBC reported that police only allowed close relatives and Bainimarama and Qiliho’s associates, along with the media, to sit in the courtroom.

MPs from the main opposition FijiFirst party in Parliament, including opposition leader Inia Seruiratu, Faiyaz Koya were present in court.

Brief timeline:

• The duo were sentenced by the Magistrates Court on 28 March.
• Magistrate Seini Puamau gave Bainimarama an absolute discharge — the lowest level sentence an offender can get and no conviction was registered.
• Qiliho was fined FJ$1500 and without a conviction as well.
• The 69-year-old former military commander and 2006 coup leader was found guilty of perverting the course of justice in a case related to the University of the South Pacific; and suspended police chief Qiliho was found guilty of abuse of office by the High Court Acting Chief Justice Salesi Temo.
• Magistrate Puamau’s judgement had left many in the legal circles and commentators in the country perplexed.
• The State – through the Office of the Director of Public Prosecution – had appealed the sentencing straightaway to the High Court.
• They were back in court 7 days later — during the court appearance at the High Court, the Acting Chief Justice Salesi Temo, gave time until the 24 April for the respondents to file their submissions and for the State to reply by the 29th.
• The sentencing hearing was last Thursday, 2 May.
• Acting Chief Justice Salesi Temo sentences Bainimarama to one year in jail and Qiliho for two years.

Bainimarama’s attempt to pervert the course of justice charge had a maximum tariff of five years while Qiliho’s charge of abuse of office carried a maximum tariff of 10 years.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Acting Chief Justice Salesi Temo overturned the Magistrates’ Court judgment and convicted both men at the Suva High Court today.

Bainimarama was charged with one count of attempted to pervert the course of justice and Qiliho was charged with one count of abuse of office, the Public Prosecutor’s Office said.

“The former PM and the suspended [police commissioner] were found not guilty and acquitted accordingly by Resident Magistrate Seini Paumau at Suva Magistrates Court on 12 October 2023. The State had filed eight grounds of appeal which mainly centred on the opinion that the Magistrate erred in law and in fact on several evidentiary and procedural issues, thereby resulting in an unfair trial and an erroneous verdict.”

The office said that Justice Temo in his judgment found that the magistrate had erred in fact and in law when she found both the respondents not guilty and therefore overturned the Magistrate’s decision.

“Justice Temo found both the respondents guilty as charged.”

Justice Temo has ordered that this matter be brought before Magistrate Puamau on March 18 at the Suva Magistrates’ Court for her to abide by the decision of the High Court and pronounce both the respondents guilty as charged and convict them accordingly.

“Justice Temo ordered both the respondents and the State to file their mitigation and sentencing submissions by 20 March after which the Magistrate is ordered to conduct a sentence hearing on 21 March followed by the sentencing of the two respondents on 28 March.”

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz