*In parachuting Barbara Malimali in as the new FICAC Commissioner, Leung, with the assistance of the President of the Fiji Law Society Wylie Clarke (who whisked Malimali away from the clutches of FICAC investigating officers), has turned FICAC into the new ANIMAL FARM. |   |
*Regarding Malimali's appointment while she herself was under FICAC investigation, we repeat what we told Prime Minister Sitiveni Rabuka and copied it to new Attorney-General Graham Leung:
'Its like appointing a paedophile suspect in charge of childrens nursey'.
 SECTION 131 (2) of the Constitution of Fiji. *Our only hope to end this sordid, corrupt saga is for a joint military-police operation led by Brigadier-General Manoa Gadai, the Commander of the RFMF's Joint Task Force. |  |
Fijileaks to FICAC and Attorney-General GRAHAM LEUNG
Count One
Statement of Offence
PROVIDING FALSE DECLARATION OF ASSETS, INCOME AND LIABILITIES: Contrary to section 24(1A) and 24(5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act No. 4 of 2013.
Particulars of the Offence
BIMAN CHAND PRASAD between 01 January 2015 and 31 December 2015, at Suva in the Central Division, as the Leader of a registered Political Party, namely the National Federation Party, provided a false declaration of assets and liabilities to the Supervisor of Elections by failing declare and provide information, namely that BIMAN CHAND PRASAD was a company Director in Platinum Resorts & Hotels Limited, a limited liability company duly registered with the Registrar of Companies in Fiji contrary to sections 24(1A) and 24(5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.
Count Two
Statement of Offence
PROVIDING FALSE DECLARATION OF ASSETS, INCOME AND LIABILITIES: Contrary to section 24(1A) and 24(5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act No. 4 of 2013.
Particulars of the Offence
BIMAN CHAND PRASAD between 01 January 2016 and 31 December 2016, at Suva in the Central Division, as the Leader of a registered Political Party namely the National Federation Party, provided a false declaration of assets and liabilities to the Supervisor of Elections by failing to declare and provide information namely that BIMAN CHAND PRASAD was a company Director in Platinum Resorts & Hotels Limited, a limited liability company duly registered with the Registrar of Companies in Fiji contrary to sections 24(1A) and 24(5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013
 Statement of Offence ATTEMPTED TO PERVERT THE COURSE OF JUSTICE: Contrary to section 190 (e) of the Crimes Act 2009 Particulars of Offence JOSAIA VOREQE BAINIMARAMA sometime between July 2020 and September 2020 at Suva in the Central Division, attempted to pervert the course of justice by telling Sitiveni Tukaituraga Qiliho, the Commissioner of Police of the Republic of Fiji to stay away from the USP investigations that was reported under CID/HQ PEP 12/07/2019. |  |
 | State v Bainimarama - Judgment and Sentence [2024] FJHC 278; HAA016.2024 (9 May 2024) BETWEEN: THE STATE APPELLANT and: JOSAIA VOREQE BAINIMARAMA FIRST RESPONDEN and : SITIVENI TUKAITURAGA QILIHO SECOND RESPONDENT |
"It was not right for you to tell the second respondent [Police Commissioner Sitiveni Qiliho] to stay away from investigating the alleged mismanagement of taxpayer’s fund at the University of the South Pacific by top senior officials, who appear to be citizens of Fiji. The second respondent was the Commissioner of Police. The second respondent’s brief as Police Commissioner was guided by section 5 of the Police Act 1965. It was mandatory for the second respondent to prevent and detect crimes and enforce the criminal law of the Republic of Fiji. The police were investigating the USP mismanagement of funds at the time.
The police had sought the Director of Public Prosecution’s assistance. He had recommended the caution interview of the suspects. By telling the second respondent to stay away from the USP investigation, you have in a sense effectively sabotaged the police investigation. To this day, the investigation had not been completed. Your action was inconsistent with the oath of your office.
Breach of the Public’s Trust. At the material time, the second respondent was the Commissioner of Police of the Republic of Fiji. By virtue of section 129 (3) of the Constitution, he commands the Fiji Police Force and is responsible for its administration, organization, deployment and its control, and in those matters, he is not subject to anyone’s control. He is the top police officer and it is his task to lead the police maintain law and order. By virtue of section 5 of the Police Act 1965, he leads the police in preserving the peace, protecting life and property, prevent and detect crime and to enforce the criminal law of this country. However, when he, on 15 July 2020, at Suva in the Central Division, directed the Director of the Criminal Investigations Department Serupepeli Neiko and Inspector Reshmi Dass to stop investigations into the police complaint involving CID/HQ PEP 12/07/2019, he was certainly abusing his office, which was an arbitrary act, prejudicial to the rights of USP. What he did was a direct violation of section 5 of the Police Act 1965 and as such, was a breach of the public trust in him.
(ii) By acceding to the first respondent’s request to stay away from the USP investigations reported in CID/HQ PEP 12/07/2019, the second respondent violated his constitutional independence as guaranteed by section 129 (5) of the 2013 Constitution.
In sentencing you [Bainimarama}, I am guided by section 4 (1) of the Sentencing and Penalties Act 2009, that is, to punish you 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 you did in Count No. 1. I start with a sentence of 6 months imprisonment. For the aggravating factor, I add 2 ½ years making a total of 3 years imprisonment. For all the mitigating factors, I deduct 2 years, leaving a balance of 1 year imprisonment. On Count No. 1, I sentence you to 1 year imprisonment.
*On the morning of Wednesday, 4th September 2024, as acting Deputy Commissioner, Francis Puleiwai had, after receiving legal advice, sanctioned that Biman Chand Prasad should be arrested and charged the following day (Thursday, 5 September) for multiple statutory declaration breaches under the Political Parties Act 2013. She was exercising her legal powers so the new FICAC Commissioner, Barbara Malimali, had no retrospective power to interfere or review the decision that was legally made to charge the Coalition government's Deputy Prime Minister and Finance Minister Prasad.
