Acting Chief Justice, Salesi Temo has ordered the Fiji Corrections Service Acting Commissioner to work with former Prime Minister Voreqe Bainimarama’s medical team or with Dr Joji Malani to monitor his health while he serves his one year jail term at the Korovou Prison.
While delivering his ruling yesterday in Bainimarama and suspended Police Commissioner Sitiveni Qiliho’s case, Justice Temo ordered that the Fiji Corrections Service meet with Bainimarama’s medical team to work out a medical care plan.
He said health workers or Dr Malani will have to map out the first respondent’s continued use of the CPAP machine therapy, the use and charging of his mobile phone for his pacemaker recording, continued medication, and other medical issues of concerns raised by the first respondent’s doctor, while Bainimarama is in custody.
“Although he will be in the State’s custody, he is to be treated humanely. Both parties are at liberty to raise any medical care issues with the Court, at any time, on a three days’ notice,” Justice Temo said.
Aggravating factors – First respondent
Breach of Trust – At the material time, the first respondent was the Prime Minister, head of Cabinet, and the Government; he took his oath of office and allegiance – requiring him to obey, observe, uphold, and maintain the Constitution… and all other laws of Fiji 24 hours, seven days a week.
Telling the second respondent to stay away from the USP investigation that was reported under CID/HQ PEP 12/07/2013 was certainly a breach of the above oath and trust.
“I disagree with the learned Magistrate’s sentencing comments that your offending was technical in nature and trivial. Your words, actions, comments, orders, and directions, as the PM at the time, carried great weight with the leaders of the various government departments and government statutory bodies.”
“It carried great weight with Cabinet. Without violating the principle underpinning the concept of the separation of powers between the legislature, the executive, and the judiciary – the judiciary is constitutionally bound to speak on the violation of the law and its views publicly, for the sake of transparency and accountability.”
“It was not right of you to tell Qiliho to stay away from investigating the alleged mismanagement of taxpayer’s fund at the USP by top senior officials, who appear to be citizens of Fiji,” Justice Temo said.
“In sentencing you, I am guided by section 4(1) of the Sentencing and Penalties Act 2009 which is to punish you in a manner that is just in all the circumstances, to protect the community; to deter others from committing similar offences and to signify that the court and community denounce what you did.”
Aggravating factors – Second respondent
Breach of trust – … by virtue of section 129(3) of the Constitution, he commands the Fiji Police Force and is responsible for its administration, organisation, deployment, and its control, and in those matters, he is not subject to anyone’s control. He is the top police officer and it is his task to lead the police to maintain law and order.
“By virtue of section 5 of the Act…. On 15 July 2020 in Suva, directed the Director CID Serupepeli Neiko and Inspector Reshmi Dass to stop investigations into the police complaint involving CID/HQ PEP 12/07/2019, he was certainly abusing his office, which was an arbitrary act, prejudicial to the rights of USP.”
“…the second respondent violated his independence as guaranteed by section 129(5) of the constitution,” Justice Temo said.
The former Prime Minister has been sentenced to 12 months imprisonment while the suspended COMPOL has been jailed for 24 months.
“In sentencing you, I am guided by section 4(1) of the Sentencing and Penalties Act 2009 which is to punish you in a manner that is just in all the circumstances, to protect the community; to deter others from committing similar offences and to signify that the court and community denounce what you did in count two.”
Both Bainimarama and Qiliho have 30 days to appeal the sentencing.
