Defence lawyer Devanesh Sharma is set to file a no-case-to-answer application today in the case involving former prime minister Voreqe Bainimarama. The prosecution is expected to close its case today with two witnesses—a police investigations officer and an officer from Fiji’s Cybercrime Unit—in the trial in which Bainimarama is accused of directing then acting Police Commissioner Rusiate Tudravu to terminate the services of Sergeant Penieli Ratei and Constable Tomasi Naulu for taking pictures of the former PM’s brother and sharing them in a police Viber chat group. Tudravu was reportedly told he would have to resign if he failed to dismiss the two officers.

The prosecution yesterday told High Court judge Justice Thushara Rajasinghe that data from Bainimarama’s old iPhone 12 Pro could not be extracted because the phone had been reset. Also on trial is former police commissioner Sitiveni Qiliho, who faces two counts of abuse of office for allegedly reviewing the disciplinary decision made by Tudravu. Justice Rajasinghe noted that closing submissions could be held on August 28 if the case is concluded by the end of this week, with the trial continuing today.

What this means and what to watch next
– The case is part of a high-profile governance and accountability saga in Fiji, drawing intense public interest over the independence of the police service and the limits of executive influence.
– A no-case-to-answer submission by the defence could shape how the trial proceeds, potentially ending the case without the need for the defence to present evidence if the judge agrees there is no prima facie case.
– The ongoing fight over where the case should be heard—Magistrates Court versus High Court—has been a recurring theme in related coverage, with procedural rulings influencing timing and strategy.
– The trial is expected to run for several weeks, with estimates commonly cited as about six weeks and roughly 30 witnesses anticipated to testify, underscoring the complexity and longevity of the proceedings.

Added value and commentary
– The dispute highlights the tension between political oversight and police independence, a topic with broad implications for civil-service protections, due process, and governance reform in Fiji.
– The loss or unavailability of digital evidence, such as data from the iPhone, illustrates the growing challenges courts face in handling electronic records and the importance of robust digital forensics in high-profile cases.
– If the court grants a no-case submission, it could signal a potential shift in how charges related to perceived political pressure are evaluated in court, possibly affecting future cases involving public officials.

Short summary
– Defence counsel Sharma is seeking a no-case-to-answer ruling in Bainimarama’s case.
– The prosecution is closing its case today with two witnesses; Bainimarama is accused of unwarranted demands, while Qiliho faces abuse-of-office charges for alleged interference with Tudravu’s disciplinary decisions.
– An iPhone data extraction issue has been noted by the prosecution.
– Closing submissions may occur on August 28 if the trial proceeds as scheduled; the overall matter has been a focal point for governance and accountability discussions in Fiji.

Positive outlook
– The judicial process in this high-stakes case demonstrates Fiji’s commitment to due process and accountability, with observers hopeful that a fair, transparent resolution could bolster public trust in institutions and potentially inform governance reforms moving forward. The case continues to unfold with ongoing public interest and a focus on upholding the rule of law.


Discover more from FijiGlobalNews

Subscribe to get the latest posts sent to your email.


Comments

Leave a comment

Latest News

Discover more from FijiGlobalNews

Subscribe now to keep reading and get access to the full archive.

Continue reading