The appeal motion regarding the conviction and pending bail for former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho was heard yesterday. The two appeared before Justice Chandana Prematilaka at the Veiuto Complex in Suva. Among those present in the crowded court was Bainimarama’s wife, Mary.
During the hearing, defense lawyer Fatima Gul highlighted that the notice of motion concerning the duo’s conviction and sentencing was filed with the Fiji Courts of Appeal on April 23, and the bail pending appeal was filed on July 23. She sought the court’s leave to submit additional grounds of appeal beyond those already filed.
The appeal against the conviction refers to the alleged error in law by the judge in convicting the two appellants without adhering to the requirements outlined in Section 16 (1)(a), (b), and (c) of the Sentencing and Penalties Act 2009. Additionally, the defense is seeking to stay or suspend the appeal filed by the State at the High Court until the Supreme Court determines the legality of John Rabuku’s appointment as acting Director of Public Prosecution. The defense argues that if the State’s appeal proceeded before the appeal against conviction, it would significantly prejudice the outcome.
Regarding the bail pending appeal, the defense asserts a strong likelihood of success on this appeal. They contend that the High Court did not err in allowing the appeal based on the DPP’s grounds. The defense further argues that the Magistrate’s court sentence was valid, and claims acting Chief Justice Salesi Temo failed to recuse himself despite having predetermined the Appeal against Sentence.
Moreover, the defense reiterated that actions sanctioned by former acting DPP Rabuku breached Section 105 (2) of the 2013 Constitution, rendering his decisions null and void. The defense has until November 5 to file their affidavits regarding the bail pending appeal, while the State will submit theirs by December 3. The matter will also be addressed during this time, with Justice Prematilaka informing Ms. Gul that a hearing date will be established in the next session.