The motion to appeal 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, with Bainimarama’s wife, Mary, present in the courtroom.
During the proceedings, defense attorney Fatima Gul stated that the notice of motion regarding the duo’s conviction and sentencing was submitted to the Fiji Courts of Appeal on April 23, while the application for bail pending appeal was filed on July 23. She sought the court’s permission to introduce additional grounds for appeal beyond those already noted.
In terms of the appeal against conviction, the defense argued that the judge made a legal error by immediately convicting the two after finding them guilty, without following the requirements set forth in Section 16 (1)(a), (b), and (c) of the Sentencing and Penalties Act 2009. Additionally, they requested that the appeal filed by the State at the High Court be temporarily halted until the Supreme Court determines the legality of John Rabuku’s appointment as acting Director of Public Prosecutions. The defense contended that the State’s appeal against the sentence should also be stayed until the Court of Appeal rules on the conviction, as proceeding with the State’s appeal could cause significant prejudice.
Regarding the bail pending appeal, the defense claimed a strong likelihood of success in their appeal. They argued that the High Court did not make an error in allowing the appeal on one of the DPP’s grounds. The defense maintained that the Magistrate’s court sentence was valid, claiming that acting Chief Justice Salesi Temo erred by not recusing himself due to his prior involvement in the Appeal against Sentence on April 3. Furthermore, they asserted that the sanctions imposed by the former acting DPP, Mr. Rabuku, were unconstitutional under Section 105 (2) of the 2013 Constitution, rendering those actions null and void.
The defense has been granted until November 5 to submit their affidavits concerning the bail pending appeal, while the State has until December 3 to file their responses. A hearing for the matter will be scheduled during this timeframe, and Justice Prematilaka indicated that a hearing date would be set in the next court session.