Fiji’s former Prime Minister Voreqe Bainimarama and ex-police commissioner Sitiveni Qiliho are out on bail after appearing in court, charged with inciting mutiny.

The pair appeared for a first call before the Suva Magistrates Court yesterday and were granted bail under strict conditions.

Magistrate Yogesh Prasad also issued a stop departure order, meaning they cannot leave Fiji.

The state requested time to provide a full set of disclosures to the defence and the matter was adjourned until March 5.

Prosecutors allege that in 2023 the two encouraged senior military officers to arrest and overthrow their commander, Ro Jone Kalouniwai.

They are alleged to have spoken with high-ranking military officers during a meeting and “grog session” in July that year at Bainimarama’s Suva home.

Bainimarama also faces a second charge relating to text messages he allegedly sent between January and July 2023 to Brigadier General Manoa Gadai urging him to take command.

Night behind bars
The long-serving former prime minister, who is also a former head of Fiji’s military, spent Wednesday night behind bars with Qiliho before their court appearance.

They were arrested, handcuffed and driven to Totogo police station following lengthy questioning that day.

The Opposition leader Inia Seruiratu said the timing of their arrest suggested it was politically-motivated.

The former FijiFirst MP claims Bainimarama is still a threat to Sitiveni Rabuka’s coalition government.

“Political opponents, of course Bainimarama and [Aiyaz Sayed-] Khaiyum and a few others are a big threat to the current government.

There may be political reasons behind this because of the elections in 2026.” Seruiratu said.

Party rebranded
The opposition leader has rebranded the deregistered FijiFirst party and set up a new political party, People First, to contest the general election.

Seruiratu said he had hoped Bainimarama would back the new party, but he did not.

He still believes Bainimarama has political currency.

“Although people may think they [Bainimarama and Sayed-Khaiyum] are just minor players, they can be involved to some extent, given their past achievements and popularity. They still have support, they still have sympathisers, Seruiratu said.

RNZ Pacific has sought comment from military spokesperson Lieutenant-Colonel Eroni Duaibe and the government’s information director Samisoni Pareti.

Serious allegations
Fiji Labour party leader, Mahendra Chaudhry is questioning why it took the government so long to deal with the allegations.

“The charges and allegations are serious. If such attempts were made to incite mutiny, they should have been investigated much earlier and disposed of, rather than coming right toward the end of the term of the current government.”

Seruiratu added that their arrest reflects well on Fiji.

“No-one is above the law, this is the rule of law in action. Of course everyone, regardless of who you are in society, is answerable to the law and it is happening in Fiji right now.”

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

The Fijian Media Association (FMA) has labelled comments made by former prime minister Voreqe Bainimarama this week to media workers of Mai TV, Fijivillage and Fiji Sun outside the Suva courthouse as “distasteful, unbecoming, and unacceptable”.

Bainimarama told the Mai TV cameraman in the iTaukei language on Tuesday: “Qarauna de dua tacaqe, au na qai caqeta yani na muna.” (“Be careful no one stumbles, for I will then kick your backside.”)

The former prime minister also told the Fijivillage cameraperson “watch out, you slip, and then I will kick your backside”.

Earlier in the week, Bainimarama also told a Fiji Sun press photographer “kwan kwan”, a derogatory term commonly used to chase away dogs or animals.

In a statement, FMA said they found these comments highly offensive.

“The FMA continues to reiterate that journalists, photographers and videographers are doing an important work of informing the public, and threats of violence against them is unacceptable,” the statement read.

The FMA stated that journalists had come through a period — 17 years of media repression since the 2006 military coup — where they had been beaten, intimidated, and abused and would not let these threats to deter them from doing their duty.

Former prime minister Bainimarama and suspended police commissioner Sitiveni Qiliho are on trial on a count each of attempting to pervert the course of justice and abuse of office over an abandoned investigation relating to the University of the South Pacific in 2020.

Rakesh Kumar is a Fiji Times reporter. Republished with permission.

Article by AsiaPacificReport.nz

Fiji’s former prime minister Voreqe Bainimarama and suspended police chief Sitiveni Qiliho have been granted bail.

Both men have pleaded not guilty to one count each of abuse of office.

Magistrate Seini Puamau has set bail at FJ$10,000 (NZ$7,000), according to local news media reports.

Bainimarama and Qiliho have also been ordered not to leave the country and to reside at a permanent address.

Magistrate Puamau also ordered them not to interfere with witnesses.

They are next expected in court on May 11.

On Thursday, the country’s top prosecutor sanctioned charges against the two men for obstructing a police investigation in 2019.

Questioned by pollce
Bainimarama and Qiliho were questioned by the Fiji police investigations unit before being held in remand overnight at the Totogo Police Station in in the capital Suva.

It was the first time for a former PM and a police chief to be kept in a police cell facing such allegations.

The two men were greeted by their family members and friends who gathered outside the courthouse.

The pair were photographed by local reporters smiling as they walked into the Magistrates Court Room 3.

‘I served as PM with integrity’
After being granted bail, Bainimarama told local journalists outside the court that he would defend the charges laid against him.

“Look, I want to tell you that I have served as Fiji’s PM with integrity and with the best interest of all Fijians at heart,” he said.

“I have been served this charge against my legacy so I am going to fight this charge. Not only for my reputation but for democracy, for all Fijians, and of course for the Constitution,” he added.

Bainimarama: “I am going to fight this charge. Not only for my reputation, for democracy, for all Fijians, and of course for the Constitution.” pic.twitter.com/5ExBntYTbL

— Stanley Ian Simpson (@stansimpsonfj) March 10, 2023

Article by AsiaPacificReport.nz

Former Fiji Prime Minister Voreqe Bainimarama and suspended Police Commissioner Sitiveni Qiliho appeared before Suva Magistrates Court judge Justice Seini Puamau today and pleaded not guilty to abuse of office charges laid against them.

Justice Puamau stood down the case for 11am as she told the prosecution to provide “substantial evidence” to support the bail conditions it has made.

The conditions set by prosecution include a 8pm to 5am curfew as it has concerns of “high level of interference” with witnesses.

Bainimarama and Brigadier-General Qiliho were charged with one count each of abuse of office after being summoned to the Criminal Investigations Department yesterday afternoon and kept overnight at Totogo Police Station to appear in court today.

Director of Public Prosecutions (DPP) Christopher Pryde said the charges were for allegedly terminating an active police investigation in relation to the University of the South Pacific in July, 2019, were laid following a review of the police evidence docket which the DPP received on February 17, 2023.

“The former prime minister, Voreqe Bainimarama and the suspended police commissioner, Sitiveni Qiliho, are alleged to have arbitrarily and in abuse of the authority of their respective offices, terminated an active police investigation,” Pryde said.

“The charges relate to a complaint laid with the police by the University of the South Pacific in July, 2019 in relation to the activities of former staff members of the university.

“The police have also been requested to undertake further investigations into other matters arising from this case and more charges may be laid against other suspects in due course.”

Meri Radinibaravi is a Fiji Times reporter. Republished with permission.

Article by AsiaPacificReport.nz

Fiji’s top prosecutor has sanctioned charges of abuse of office against former prime minister Voreqe Bainimarama and the suspended Police Commissioner Sitiveni Qiliho.

In a statement today, the Office of the Director of Public Prosecutions said the charges relate to a complaint filed by the University of the South Pacific in July 2019.

The complaint concerned the actions of former staff members of the regional university.

Public Prosecutions director Christopher Pryde said both men were alleged to have arbitrarily abused their powers and stopped an active police investigation.

Police have been ordered to further investigate other issues as a result of Bainimarama and Qiliho’s alleged interference and more charges are expected to be laid.

Meanwhile, both men were taken in today for further questioning by the Criminal Investigations Department (CID).

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

Kept in custody
Fijivillage News reports that Bainimarama and Qiliho have both been formally charged with abuse of office and will be kept in custody tonight.

Former PM Bainimarama and suspended Commissioner of Police Qiliho are again being questioned by Police pic.twitter.com/YT3OFyaHNq

— Stanley Ian Simpson (@stansimpsonfj) March 9, 2023

The CID chief and Acting Assistant Police Commissioner Sakeo Raikaci told a media conference tonight they would appear in the Suva Magistrates Court at 8am tomorrow.

Acting ACP Raikaci said that given the seriousness of the charge, the pair could not be granted bail as it was not a bailable offence.

Additional security will be provided for the special court sitting tomorrow.

The maximum penalty for abuse of office is 10 years imprisonment.

The Crimes Act states that if the act is done or directed to be done for gain, then the maximum penalty is 17 years imprisonment.

Republished with permission.

Voreqe Bainimarama and Sitiveni Qiliho formally charged. Video: Fijivillage News

Article by AsiaPacificReport.nz

Fiji’s Minister for Home Affairs and Immigration has invited the Commissioner of Police to resign, citing concerns on matters of confidence in him.

Pio Tikoduadua said the commissioner, Sitiveni Qiliho, had, however, asked that the government follow the process of the Constitutional Offices Commission.

Minister Tikoduadua said he respected his decision, and we would let the law take its course.

Brigadier-General Sitiveni Qiliho was formerly in the military and in July 2021 successfully completed studies at the Royal College of Defence Studies in London. He was awarded a postgraduate certificate in Security and Strategy for Global Leaders.

However, the minister added that he had no issue with the commander of the Republic of Fiji Military Forces.

I have invited the Comissioner of Police to resign, citing concerns on matters of confidence.

However, he prefers the process that goes through the Constitutional Offices Commision. I respect that, and we will let the law take its course. pic.twitter.com/WzTXRK33m0

— Pio Tikoduadua (@piotikoduaduafj) December 29, 2022

Border alert
A border alert has been issued by Fiji’s Police Criminal Investigations Department (CID) for Opposition MP and former Attorney-General and Minister for Economy Aiyaz Sayed-Khaiyum.

“Mr Sayed-Khaiyum is a person of interest and is currently under investigation regarding a case of alleged inciting communal antagonism,” according to the CID.

It said it had yet to deal with Sayed-Khaiyum who was believed to be in Australia.

It said that according to his travel history, Sayed-Khaiyum had departed Fiji on 26 December 2022.

Meanwhile, Commissioner Qiliho said that was the normal monitoring mechanism of the CID to write to the Border Police to inform it if Aiyaz Sayed-Khaiyum returned.

Fiji Police CID orders border alert for former Attorney General Aiyaz Sayed-Khaiyum @piotikoduaduafj @fijipoliceforce@IBIupdate @PacIsNewsAssn @PACNEWS2 @dfat @MFATNZ @ForumSEC @FijianGovt @AiyazSKFiji pic.twitter.com/UU9DHNhFDv

— Pita Ligaiula (@KaiSawaieke) December 29, 2022

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

Article by AsiaPacificReport.nz

Fiji’s police chief Sitiveni Qiliho looks to have dug out an old playbook that was used over a couple of years ahead of Voreqe Bainimarama’s 2006 coup.

Qiliho is on a shorter game plan though, he’s got to sow uncertainty and fear in Fiji’s population quickly — before the June general elections.

If he doesn’t, then Bainimarama and his Sancho Panza, Aiyaz Sayed-Khaiyum, will lose the elections and the likely winner will be 1987 coup maestro Sitiveni Rabuka.

At least that is what seems to show through the Fiji Sun’s recently heavily doctored opinion poll.

Today the Fiji Sun came out with this: “Police ready to prevent potential unrest.”

The one-sided slavish account of a ramble by Qiliho carried no details or names of those “elements” or what they might do. Other than to explicitly mention Rabuka.

Undoubtedly 1987 with its two coups — staged by Rabuka — was a disaster, but the unrest and uproar was not all his work. As we know now, Sayed-Khaiyum himself was one of the 1987 “elements”.

Arson investigative skills
Qiliho himself had arson investigative skills in another coup or two.

But the Fiji Sun left that out.

“We’ve had past history where some people have utilised elements to create instability,” Qiliho is quoted in the Fiji Sun as actually saying. “Not in particular during election period, but there have been reports with our history from 1987 that people can be utilised for the wrong reasons.”

Qiliho and the intelligence boys are planning countermeasures.

“We are awake to that and our intelligence bureau and other stakeholders that we continue to discuss these issues with, we are well awake to that to see that there is no political influence on those types of activities,” he said.

“In terms of the security landscape it’s important for us to provide that security and stability so that elections can run smoothly and keep the criminal landscape stable as well.

“We don’t want to be used as a political football if we don’t provide that secure environment so that is important now.”

Qiliho has a short memory.

‘Dirty politics at its worst’
Ahead of the May 2006 elections, which saw Prime Minister Laisenia Qarase reelected, Bainimarama was one of those “elements” that Qiliho now talks of. Bainimarama referred to “Mr Qarase and his cronies” and said Fijian politics was “dirty politics at its worst…it is cannibalistic.”

Qarase responded that Bainimarama’s “stated intention of involving the military in the national election campaign is a threat to peace and stability, and the conduct of free and fair elections. It goes against the rule of law and good governance.”

It would appear Qiliho – a military officer rather than a constable — is keen on getting 4576 police into the political game. What roll the 10,000 strong Fiji Military Force — the traditional leader of coups – is not spelt out.

In 2006 Bainimarama was explicit about the May elections and said that if the result was not to his liking, then he would act.

Has Qiliho with his piece today stuck his toe into the tub?

Michael Field is a co-publisher of The Pacific Newsroom. He is the author of Speight of Violence: Inside Fiji’s 2000 Coup. This article is republished with permission.

Article by AsiaPacificReport.nz