Acting Chief Justice Salesi Temo has set a hearing date of 29 February 2024 in the acquittal appeal case of former Prime Minister Voreqe Bainimarama and suspended Commissioner of Police, Brigadier-General Sitiveni Qiliho.
Last month, the State filed eight grounds of the appeal against Bainimarama and Qiliho, indicating 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.
Justice Temo has also given time to the Defence till 18 December 2023 or therewith to file amendments to their petition.
He has ruled that the ODPP file and serve their submissions by 19 January 2023 and that the Defence file and serve their responses by 9 February 2024.
Acting Director of Public Prosecutions John Rabuku has recused himself from the matter and told the Court that another counsel is representing the State in the matter.
This is after Rabuku initially represented the suspended COMPOL in his caution interview at the CID Headquarters.
Rabuku said that while others are also taking interest in the matter, he said representing the State might look bad on him.
The Acting DPP also objected to the Court record after there were continuous dot dot dot (…) and clarified whether it was inaudible to transcript during the procedure.
Both the Defence and the Acting DPP indicated that they would submit supplementary affidavits if they do not agree to the Court record.
Justice Temo ruled that aside from the Court record, the Magistrate’s notes reliably indicate that she is the Judge of Fact and the Judge of Law.
He said that both the parties should abide by her the Magistrate’s notes and both parties are given two weeks to check the Court record.
Both Bainimarama and Qiliho were charged and acquitted by the Magistrates Court on the charges laid by the ODPP.
The matter has been adjourned to 29 February 2024 for hearing, at 10:30am.
