State unable to recover alleged Viber messages in Bainimarama-Qiliho case as court weighs remaining evidence
The Suva High Court was told today that investigators were unable to retrieve the Viber messages said to exist between former Prime Minister Voreqe Bainimarama and former Police Commissioner Rusiate Tudravu from 2021, after Bainimarama’s phone was reset, making extraction impossible. Prosecutors described the messages as crucial evidence in the charges facing Bainimarama and his former police counterpart, Sitiveni Qiliho.
Assistant Director of Public Prosecutions Laisani Tabuakuro informed the court that the missing messages leave a significant gap in establishing the communications allegedly used to pressure Tudravu, who was then acting as Commissioner of Police, to terminate the employment of two officers. Bainimarama faces one count of making unwarranted demands as a public official, while Qiliho faces two counts of abuse of office.
The prosecution contends that, sometime between May and August 2021, Bainimarama pressured Tudravu with threats to his own job and to influence him to dismiss Sergeant Penieli Ratei and Police Constable Tomasi Naulu from the Fiji Police Force. It is also alleged that, between August 5 and August 18, 2021, while Galvin Qiliho was Commissioner of Police, he directed the termination of Ratei and Naulu without due process, an act the state says amounted to abuse of office and a prejudice to the officers’ rights.
In court today, the Defence was given one day to review the State’s report on the extraction and the defence indicated it would file a no case to answer after the prosecution concludes its case tomorrow. The last two prosecution witnesses are expected to testify tomorrow, with the trial continuing thereafter.
Context from related proceedings shows the case has repeatedly emphasized issues around digital evidence and the reliability of communications captured on the Viber platform. Earlier proceedings have discussed the possibility of appointing an independent technical expert to interpret Viber records and the broader governance implications of the matter. In addition to the Viber issues, witness testimony has covered how call records, caution interviews, and internal disciplinary decisions were handled during Tudravu’s tenure.
Added value and commentary
– The case underscores the tension between political oversight and police independence, highlighting the importance of due process in disciplinary matters.
– If the allegations are proven, there could be calls for reforms in oversight, record-keeping, and how senior officials interact with police leadership.
– If the defence successfully demonstrates that actions were lawful and properly executed within the established procedures, it could reinforce limits on executive involvement in internal discipline.
Short outlook
Observers are watching how digital evidence is treated and tested, and whether new expert analysis on Viber data will be introduced. The outcome will be seen as a test of governance ethics, accountability, and the protection of public officers’ rights in Fiji.
Summary of key points
– The state could not recover Viber messages due to the defendant’s phone being reset.
– Bainimarama faces one count of unwarranted demands; Qiliho faces two counts of abuse of office.
– Allegations cover pressure to terminate officers and alleged unlawful terminations without due process between May and August 2021.
– Defence to review extraction report in one day and may file no-case-to-answer after prosecution finishes.
– The trial is ongoing, with further witnesses expected in the coming days.
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