“My clients are very tough”.

That was the response from Devanesh Sharma, the lawyer representing Former Prime Minister Voreqe Bainimarama and Suspended Police Commissioner Sitiveni Qiliho when asked about the jail term handed down to the duo today.

Sharma confirmed that they will be applying for bail, pending an appeal and the suspension of the sentence.

Bainimarama has been sentenced to one year in prison, while suspended Police Commissioner Sitiveni Qiliho, has been handed down, two years imprisonment

Bainimarama and Qiliho were escorted out in handcuffs after they were handed jail term by the Suva High Court.

While delivering his sentence, Acting Chief Justice, Justice Salesi Temo says there was a breach of trust by Bainimarama, who was the Prime Minister at the time.

He says Bainimarama had taken an oath of allegiance.

The oath, which he adds required him to “obey, observe, uphold and maintain the Constitution and all other laws of Fiji,” 24 hours 7 days a week.

Justice Temo says by telling Qiliho to stay away from the USP investigation Bainimarama in a sense effectively sabotaged the police investigation and to this day, the investigation has not been completed.

He adds Bainimarama’s action was inconsistent with the oath of his office.

Justice Temo highlighted Bainimarama’s medical condition and character reference by two former Presidents as mitigating factors.

In sentencing Bainimarama, the Acting Chief Justice says that he is guided by law to punish him in a manner which is just in all the circumstances; to protect the community; to deter others from committing similar offences and to signify that the court and community denounce what the former PM did.

Justice Temo ordered the Commissioner of Corrections to map out a medical plan for the use of Bainimarama’s medical equipment, the use and charging of his phone for his pacemaker recording, continued medication and other medical issues of concern raised by his doctor.

He adds although the Former PM will be in the State’s custody, he is to be treated humanely.

While sentencing Qiliho, Justice Temo says there was a breach of public trust as he was the Police Commissioner at the material time.

Justice Temo adds that Qiliho is the top police officer and it is his task to lead the police to maintain law and order however he was abusing his office, which was an arbitrary act, prejudicial to the rights of USP.

The Acting Chief Justice considered the character references by the former RFMF Commander and Leader of Opposition as mitigating factors.

Justice Temo says that by ignoring the fact that Bainimarama and Qiliho have been convicted, Magistrates Seini Puamau had acted on the wrong principle for the orders of the High Court.

He says Magistrate Puamau re-examined irrelevant matters in her sentencing of Bainimarama and Qiliho.

Justice Temo adds Magistrate Paumau erred in law and fact.

The Acting Chief Justice also quashed the sentencing by Magistrate Puamau.

He adds the state succeeded in its appeal.

Bainimarama was charged with one count of attempting to pervert the course of justice, while Qiliho was charged with one count of abuse of office.