The appeal motion regarding the conviction and pending bail of former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho was heard yesterday. The two appeared before Justice Chandana Prematilaka for their initial hearing at the Veiuto Complex in Suva, where Bainimarama’s wife, Mary, was present in the packed courtroom.
During the proceedings, their lawyer, Fatima Gul, stated that the Notice of Motion against their convictions and sentences was filed at the Fiji Courts of Appeal on April 23, with the bail pending appeal submitted on July 23. She requested the court’s permission to file additional grounds for appeal beyond what has already been noted.
In the appeal against the conviction, the defense contends that the judge made a legal error by convicting the two appellants immediately after finding them guilty, without complying with the requirements outlined in Section 16 (1)(a), (b), and (c) of the Sentencing and Penalties Act 2009. Alternatively, they are seeking to pause the state’s appeal in 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 proceeding with the State’s appeal against the sentence could significantly prejudice their appeal against conviction, rendering it ineffective.
Regarding bail pending appeal, the defense claims a strong likelihood of success in the appeal. They argue that the High Court did not err in permitting the appeal concerning ground (c) of the DPP’s grounds of appeal. The appellants maintain that the sentence from the Magistrate’s Court was valid and that Acting Chief Justice Salesi Temo made a mistake by not recusing himself after already having made a determination on the Appeal against Sentence on April 3. Additionally, they assert that actions sanctioned by former acting DPP Rabuku violated Section 105 (2) of the 2013 Constitution, rendering those actions null and void.
The appellants have until November 5 to submit their affidavits regarding the bail pending appeal, while the State has until December 3 to file theirs. The matter is set to be heard by that time, and Justice Prematilaka indicated that a hearing date would be established in the next session.