Bainimarama was jailed in May, alongside former police chief Sitiveni Qiliho, for perverting the cause of justice.

“The Fiji Corrections Service confirms that former Prime Minister Voreqe Bainimarama has been granted early release as of today [Friday], in accordance with section 46(3) of the Corrections Act,” it said.

“This decision follows a comprehensive review of his application, which was processed in line with the relevant legal provisions governing early release and supervised reintegration.”

It said that the section 46(3) of the Corrections Act, allows for early release of inmates based on specific criteria that ensure both the security of the community and the facilitation of an inmates reintegration.

“All requirements were rigorously assessed, including eligibility criteria, conditions for release, and supervisory measures in place, in accordance with the guidelines established under FCS regulations.”

The FCS will continue to oversee Bainimarama’s reintegration to ensure compliance with all conditions associated with his early release.

“This decision reflects the commitment of the FCS to uphold the principles of justice, rehabilitation, and reintegration, as stipulated by the Corrections Act.”

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

Fiji’s Acting Public Prosecutor has filed an appeal against the sentences of former prime minister Voreqe Bainimarama and suspended police chief Sitiveni Qiliho in their corruption case.

Bainimarama was granted an absolute discharge for attempting to pervert the course of justice while Qiliho received a conditional discharge with a fine of FJ$1500 ($NZ$1110) for abuse of office by the Suva Magistrates Court earlier today.

Magistrate Seini Puamau announced that both their convictions would not be registered.

“The sentence delivered by Magistrate Puamau is unsatisfactory, is wrong both in fact and in law and does not reflect the considerations and tariff of cases or matters of similar nature,” Acting Director of Public Prosecution John Rabuku said in a statement following the sentencing.

The notice of appeal against the sentence was filed in the High Court this afternoon.

The state has filed four grounds of appeal:

• a. That the sentence imposed by the learned Magistrate against both the Respondents are manifestly lenient and in breach of sentencing principles, case laws and the tariff set in other similar matters and offences.
• b. That the learned Magistrate erred in law and in fact when she made a finding that there were no aggravating factors against the Respondents.
• c. That the learned Magistrate erred in law and in fact in considering irrelevant factors in sentencing the Respondents; and
• d. That the learned Magistrate erred in law and in fact when she made a finding that there was no victim and that the offending was a technical breach by both Respondents.

Lowest-level sentence
An absolute discharge is the lowest-level sentence that an offender can get. It means no conviction was registered against Bainimarama.

State broadcaster FBC News reports that Magistrate Puamau considered Bainimarama’s health.

The 69-year-old was sentenced alongside Qiliho, who was given a FJ$1500 fine without conviction as well.

The absolute discharge and a fine without conviction was given despite the prosecutors last week urging Magistrate Puamau to order immediate custodial sentences towards the high end of the tariff for both men — which would be no less than five years in jail for Bainimarama and 10 years for Qiliho.

RNZ Pacific reported earlier today that a Fiji governance professor, Dr Vijay Naidu, said the magistrate had been sypathetic to both men.

“It is surprising in that the sentencing is like the minimalist kind of approach,” he said.

“I didn’t expect the magistrate to sentence them for the maximum of you know 10 . . . and five years, but the sentence now is quite farcical because these persons are found guilty and they are given sentences that, to say the least, is quite ludicrous.”

He said Bainimarama was “not out of the woods yet” because there was a string of other charges that he would face in the coming months.

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