Former Prime Minister Voreqe Bainimarama and suspended Police Commissioner Sitiveni Qiliho will be sentenced today by the Suva High Court. 

The case is in relation to their interference in an investigation into a University of the South Pacific matter in 2021.

The state and defence lawyers provided submissions during the appeal hearing before Acting Chief Justice, Justice Salesi Temo last week. 

The grounds of appeal include that the sentences imposed by Magistrate Seini Puamau are lenient and in breach of sentencing principles, case laws and the tariff set in other similar matters and offences.

Bainimarama was granted an absolute discharge and Qiliho received a conditional discharge with a fine of $1,500 by Suva Magistrate Seini Puamau with no convictions recorded.

State Counsel Laisani Tabuakuro in her submission said the case warrants a custodial sentence, meaning the two should go to jail.

Tabuakuro argues that the sentences handed by Magistrate Puamau breached Fiji’s sentencing practises.

She said the law should apply equally, citing sentences where the defendants have gone to jail for similar or the same convictions.

Tabuakuro revealed in court that there is not a single case since the inception of the Crimes Act 2009, where a person convicted of attempting to pervert the course of justice and abuse of office without gain has been rewarded with conditional discharge.

Defence Counsel Devanesh Sharma asked the court to consider the provisions of the law used by Magistrate Puamau when sentencing the duo.

He argued that the sentences were valid as Magistrate Puamau used provisions in the sentencing and penalties act that the Courts did not often use in Fiji.

Sharma adds in exercising its discretion, whether or not to record a conviction, a court shall 

He asked the court to show mercy when sentencing Bainimarama and Qiliho.

Sharma in his submission informed the court to look at the overall factors and to do justice in the sentencing.