Defence attorney Devanesh Sharma argues that former police commissioner Sitiveni Qiliho had the authority to review police tribunal proceedings according to the Police Act of 1965. However, Justice Thushara Rajasinghe clarified that Qiliho’s powers were limited to the procedural aspects of the tribunal and did not encompass the decisions made by the acting police commissioner at the time.
During the hearings, former principal legal officer Seema Chand testified that Qiliho could only review if there were procedural issues, as outlined in section 33 of the Act. The testimony also revealed that Qiliho had previously terminated the employment of two police officers, Sergeant Penieli Ratei and Constable Tomasi Naulu, following an incident where they photographed the brother of former Prime Minister Voreqe Bainimarama and shared the images on a Viber group. Despite the initial decision made by acting commissioner Rusiate Tudravu, Qiliho later offered to reinstate the officers after seeking additional legal advice.
The court heard that on resuming his role in August 2021 after a study leave, Qiliho was unsure of his authority regarding the review and sought legal counsel. This legal input suggested he could act if he identified procedural improprieties. Eventually, Qiliho faced demands from the officers’ solicitors for reinstatement and compensation. Notably, these demands re-emerged in 2023, where the Solicitor-General’s office indicated it would consider reinstatement and reimbursement only.
As new acting commissioner Juki Fong Chew stepped in amid Qiliho’s suspension, an agreement was reached to settle the case, providing hope amidst the ongoing judicial proceedings. The context of this case ties back to broader discussions about governance and accountability in Fiji, reflecting a growing public interest in ensuring ethical conduct among public officials.
The trial is set to continue, and amidst all the complexities, there is optimism that these proceedings may enhance the integrity of governance in Fiji, promoting a culture of accountability and ethical standards essential for fostering trust in public institutions.
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