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, with Bainimarama’s wife, Mary, present in the courtroom.
During the proceedings, the appellants’ lawyer, Fatima Gul, noted that the Notice of Motion challenging their conviction and sentencing was filed with the Fiji Courts of Appeal on April 23, while the bail pending appeal was filed on July 23. She requested the court’s permission to submit additional grounds for appeal related to the existing submissions.
The appeal focuses on the argument that the judge made an error in law by convicting the appellants immediately after finding them guilty, without following the procedures outlined in Section 16 (1)(a), (b), and (c) of the Sentencing and Penalties Act 2009. Additionally, they are requesting a stay of the State’s appeal in the High Court until the Supreme Court reviews the legality of John Rabuku’s appointment as acting Director of Public Prosecutions. They contend that pursuing the State’s appeal against the sentence first would jeopardize their appeal against the conviction.
As for the bail pending appeal, the defense claims they have a strong case for success. They argue that there was no legal error in the High Court’s handling of the DPP’s grounds for appeal. The appellants assert that the Magistrate’s court ruling was valid and that acting Chief Justice Salesi Temo should have recused himself due to a perceived bias regarding the appeal against the sentence. They also emphasize that any actions sanctioned by former acting DPP Mr. Rabuku were in violation of Section 105 (2) of the 2013 Constitution, rendering them null and void.
Bainimarama and Qiliho have until November 5 to submit their affidavits concerning the bail appeal, while the State is required to respond by December 3. The court will address the matter at that time, with Justice Prematilaka indicating that a hearing date will be established in the next sitting.