Acting Chief Justice, Salesi Temo will sentence former Prime Minister Voreqe Bainimarama and suspended Police Commissioner Sitiveni Qiliho at 11am today.
Assistant DPP, Laisani Tabuakuro has asked the court for a custodial sentence and a higher tariff for Bainimarama and Qiliho while defence counsel, Devanesh Sharma asked that the Magistrates Court decision be upheld and if a conviction is entered, the court should show mercy and give a suspended sentence.
Last month, Justice Temo found Bainimarama and Qiliho guilty of the charge of attempt to pervert the course of justice and abuse of office respectively.
Acting Director of Public Prosecutions, John Rabuku filed an appeal against the sentence of Bainimarama and Qiliho.
Rabuku stated that the sentence delivered by Magistrate Seini Puamau is unsatisfactory, is wrong both in fact and in law, and does not reflect the considerations and tariff of cases or matters of a similar nature.
The State filed four grounds of appeal:
– That the sentence imposed by the learned Magistrate against both the Respondents is manifestly lenient and in breach of sentencing principles, case laws, and the tariff set in other similar matters and offences.
-That the learned Magistrate erred in law and in fact when she found that there were no aggravating factors against the Respondents.
-That the learned Magistrate erred in law and in fact in considering irrelevant factors in sentencing the Respondents and;
-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.
Bainimarama was charged with one count of attempting to pervert the course of justice and Qiliho was charged with one count of abuse of office.
They were found not guilty and acquitted accordingly by the Suva Magistrates Court on 12 October 2023.
The State had filed an appeal against their acquittal where the Acting Chief Justice 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 Seini Puamau announced that their convictions would not be registered and was granted an absolute discharge of their crimes.
