Former Fijian Prime Minister Voreqe Bainimarama has been sentenced to one-year imprisonment by Acting Chief Justice Salesi Temo at the Suva High Court.
Suspended Police Commissioner will serve two years.
Bainimarama was found guilty of one count of attempt to pervert the course of justice in the University of the South Pacific(USP) case and while Qiliho was found guilty of one count of abuse of office.
Justice Temo quashed the sentence that was handed down earlier by Magistrate Puamau.
He said the option to not record the convictions was not available to the Magistrate.
The Acting Chief Justice said the state succeeded in their appeal.
Meanwhile, Devanesh Sharma, the lawyer of jailed former Fijian Prime Minister Voreqe Bainimarama, says the fight is not over.
Sharma made the comments to FBC News after former Prime Minister Voreqe Bainimarama and former Police Commissioner Sitiveni Qiliho were escorted out of the Court House by police following their sentencing.
“We have options after this; this fight is not over yet.
We will appeal. Like they have the right to appeal, we have the right to appeal as well, and that’s exactly what we are going to do,” he said.
Sharma said he was expecting a suspended sentence for his clients.
Bainimarama and Qiliho were escorted out of the Suva High court in handcuffs and taken to prison after spending some time with family members in the court room.
While delivering Bainimarama’s sentence, Acting Chief Justice Salesi Temo said there was a breach of trust and at the material time, Bainimarama was the Prime Minister.
He said Bainimarama had taken an oath of allegiance.
The Acting Chief Justice highlighted that Bainimarama’s mitigating factors were his medical condition and character reference by two former Presidents.
He has also ordered the Commissioner of Corrections to map out a medical plan for the use of Bainimarama’s medical equipment and charging of his phone for his pacemaker app.
While sentencing Qiliho, Justice Temo said there was a breach of public trust as he was the Police Commissioner at the material time.
He said both prison sentences start immediately.
Magistrate Seini Pumau also walked free today, as Chief Justice Salesi Temo is not going to take any action against her.
Acting Chief Justice Temo said that by ignoring the fact that Bainimarama and Qiliho have been convicted, the Magistrates Court had acted on the wrong principle for the orders of the High Court.
He said Magistrate Seini Puamau re-examined irrelevant matters in her sentencing of Bainimarama and Qiliho.
Temo said she was obliged to view and sentence based on the facts given by the High Court which is a superior court.
He said that by ignoring the fact that both have been convicted, the Magistrates Court has acted on the wrong principle for the orders of the High Court.
The state raised with the acting chief justice that they are considering filing for contempt of court against Magistrate Puamau.
The Acting Chief Justice also quashed the sentencing by Magistrate Puamau, however Temo said Magistrate Puamau should take this as a learning experience.
