The High Court of Fiji has determined that former Police Commissioner Sitiveni Qilihio failed to adhere to proper procedures when he dismissed police officer Shymal Kumar in May 2021. Kumar had originally faced disciplinary action after receiving two default notices in March of the same year, linked to incidents from November 2020. He pleaded guilty before a Police Tribunal but later claimed he was not served with necessary disclosures nor represented by a senior officer, prompting him to seek a judicial review of his dismissal.
In her ruling on June 13, Puisne Judge of the High Court of Fiji, Mrs. Senileba Waqainabete-Levaci, described Kumar’s dismissal as unfair and unreasonable, stating that the decision lacked proper procedural integrity. She highlighted that the Commissioner failed to consider any mitigating factors before terminating his employment. Consequently, the court has ordered Kumar’s reinstatement, along with compensation for lost wages, which amounted to his suspended salary from the time of his indictment until now. The Fiji Police Force has been given a 60-day period to comply with this ruling and pay Kumar $2,500 in legal costs.
This judgement underscores the judicial system’s resolve to uphold fair treatment in employment matters and highlights the significance of adherence to procedural norms within public service agencies. Instances like this reflect broader concerns about accountability and governance, echoing similar legal issues involving former high-ranking officials in Fiji, including allegations of misconduct among other police personnel.
Such rulings could pave the way for enhanced trust in the governance of public institutions and a commitment to ethical standards among public officials. The unfolding events serve not only to remedy individual grievances but also to strengthen the foundation of lawful and responsible governance in the region, fostering hope for citizens seeking integrity from their government.
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