Bainimarama appeared before the Suva High Court alongside suspended Fiji Police Commissioner Sitiveni Qiliho for their sentencing hearing for a case involving their role in blocking a police investigation at the University of the South Pacific in 2021.
Qiliho has been sentenced to two years in prison.
Bainimarama, the 69-year-old former military commander and leader of the 2006 coup, was found guilty of perverting the course of justice.
Qiliho had been found guilty of abuse of office by acting Supreme Court Chief Justice Salesi Temo, who accepted the state's appeal.
Bainimarama and Qiliho walked out of the High Court in Suva in handcuffs and were escorted into a police vehicle.
“The former Prime Minister and the suspended COMPOL were found not guilty and accordingly acquitted by Resident Magistrate Seini Puamau at the Suva Magistrates Court on October 12, 2023,” the Office of the Director of Public Prosecutions said.
“The state had appealed against their acquittal, with the acting Chief Justice, Salesi Temo, subsequently quashing the magistrate's decision and finding the two guilty as charged. The case was then sent back to the Magistrates' Court for sentencing.
“While sentencing the duo, Magistrate Puamau announced that both their convictions would not be recorded. The former prime minister was given an absolute discharge, while the suspended COMPOL was given a conditional discharge with a $1,500 fine by the Suva Magistrates Court on March 28, 2024, after which the state had appealed and challenged the remission of a custodial sentence.
“The Acting Chief Justice quashed the Magistrate Court's sentence and imposed the custodial sentences respectively.”
Earlier on Thursday morning, local media reported an increased police presence outside the Suva court complex.
“There is a more pronounced police presence than normal, with vehicles being checked on entry. An area has been cordoned off in front of the High Court opposite Holiday Inn,” broadcaster fijivillage.com reported.
State broadcaster FBC reported that police only allowed close relatives and associates of Bainimarama and Qiliho, along with the media, into the courtroom.
MPs from the main opposition party FijiFirst in parliament, including opposition leader Inia Seruiratu, Faiyaz Koya, were present in the courtroom.
Short timeline:
– The duo were sentenced at the Magistrates Court on March 28.
– Magistrate Seini Puamau gave Bainimarama an absolute discharge – the lowest sentence an offender can receive and no conviction was recorded.
– Qiliho was fined $F1500 and also without conviction.
– The 69-year-old former military commander and leader of the 2006 coup was found guilty of perverting the course of justice in a case related to the University of the South Pacific; and suspended police chief Qiliho was found guilty of abuse of office by acting Supreme Court Chief Justice Salesi Temo.
– Magistrate Puamau's judgment had perplexed many in legal circles and commentators in the country.
– The state – through the Office of the Director of Public Prosecutions – immediately appealed the conviction to the Supreme Court.
– Seven days later they were back in court – during the hearing at the Supreme Court, Acting Chief Justice Salesi Temo gave the respondents until April 24 to submit their comments and the state to respond by April 29.
– The sentencing hearing was last Thursday, May 2.
– Acting Chief Justice Salesi Temo sentences Bainimarama to one year in prison and Qiliho to two years.
– Bainimarama's attempt to pervert the course of justice carried a maximum sentence of five years, while Qiliho's charge of abuse of office carried a maximum sentence of ten years.