Controversy surrounds release of jailed former Fiji PM

Fiji's former prime minister Frank Bainimarama has been released from prison, six months into his sentence.

He was handed a one-year jail term in the Fiji High Court in May for perverting the course of justice.

Sitiveni Qiliho and Frank Bainimarama were sentenced to prison in May. Photo/Fijivillage

Former police chief Sitiveni Qiliho was also sentenced alongside Bainimarama, 70. But Qiliho received two years.

Bainimarama's release also comes two months after coup 'frontman' George Speight and a group of rebel soldiers were released from prison in September - more than 20 years after they were sentenced for treason.

Speight, 67, was among seven prisoners pardoned by outgoing President Ratu Wiliame Katonivere after recommendations by the Mercy Commission.

Ratu Wiliame is being replaced by Speaker and high chief Ratu Naiqama Lalabalavu, who is set to assume office on Tuesday - the same day a new Speaker will be elected in Parliament.

George Speight, left, receives his release paper from Fiji Corrections Service Commissioner Dr Jale Nakarawa. Photo/FCS

Speight pleaded guilty to treason and was sentenced to death on 18 February 2002. The sentence was commuted to life imprisonment the same day by then-president, the late Ratu Josefa Iloilo.

Prime Minister Sitiveni Rabuka said he did not make a formal request for the release of Bainimarama and Qiliho or for both men to attend the Republic of Fiji Military Forces (RFMF) Reconciliation and Restoration programme on 2 November.

But during the reconciliation and restoration ceremony at the military headquarters in Suva, Rabuka spoke of the need for both men to be present at the event.

The military said in a statement that the ceremony bore a renewed commitment to ending the “coup culture” in Fiji.

"The Reconciliation and Restoration programme was aimed at bridging divisions and renewing trust within the RFMF and the wider community, reaffirming a commitment to common growth and national progress," it said.

Fiji Corrections Service Commissioner Jalesi Nakarawa told local media that there were no formal requests communicated to him for the official release of the pair.

Under the Corrections Service Act 2006, short-term release is the prerogative of the commissioner.

Clarifying his request to journalists in Suva, Rabuka said; “That’s correct, there was no proper communication.

“When I went to the Queen Elizabeth Barracks, I saw that they were not there, I asked if they could be released.

“I asked the President but neither the President nor I have the authority to release them, only the Prison Commissioner.

“That is on the authority, on the application of those incarcerated or their relatives.”

The Corrections Act also allows the commissioner to release prisoners to attend a course of instruction, care, and supervision by traditional chiefs or other community leaders.

Outgoing Fiji President Ratu Wiliame Katonivere leads senior government and military officials including Prime Minister Sitiveni Rabuka, left, and army commander Brigadier-General Ratu Jone Kalouniwai, right, during the Reconciliation and Restoration ceremony in Suva. Photo/Fiji govt

The Act further states that this is to facilitate the re-entry of prisoners and any other arrangement permitting a short-term release.

Corrections confirmed in a statement that Bainimarama was granted an early release under section 46(3) of the Act as of Friday 8 November 2024.

"This decision follows a comprehensive review of his application, which was processed in line with the relevant legal provisions governing early release and supervised reintegration."

It said that section 46(3) of the Corrections Act allowed for the early release of inmates based on specific criteria that ensure the community's security and the facilitation of an inmate's reintegration.

"All requirements were rigorously assessed, including eligibility criteria, conditions for release, and supervisory measures in place, by the guidelines established under FCS regulations."

Corrections said it would continue to oversee Bainimarama's reintegration to ensure he complied with all the conditions associated with his early release.

"This decision reflects the commitment of the FCS to uphold the principles of justice, rehabilitation, and reintegration, as stipulated by the Corrections Act."

Fiji's defence forces honour soldiers killed during and after the mutiny at the army barracks on 2 November 2000. Seven soldiers were killed while 20 soldiers were convicted in a court martial in August 2005. Photo/Fiji govt

Late on Saturday, Fiji media reported that Bainimarama had filed a civil lawsuit against the government and the Office of the Attoreny-General.

The lawsuit is for failure to pay correct pension and gratuity payments, payable to Bainimarama, the reports stated.

Bainimarama is seeking to be paid his remaining gratuity by the government, amounting to $337,211.12, and a declaration that he is entitled to be paid by the first defendant a fortnightly retirement pension of $7,112.37, according to local media.

The reports also said that the former prime minister is also seeking judgment for $337,211.12 and an order that the 'first defendant pay pre-judgement interest' on the sum at the current lending bank’s overdraft rate of 13.5 per cent.

Bainimarama is also seeking an order that the 'first defendant pay post-judgement interest' from the date of his conviction until full payment is made.

This includes an order that the defendant pays the plaintiff’s cost on a full solicitor-client indemnity basis, and such other relief as the court may deem just and equitable.

PMN News understands that Fiji's Attorney-General Graham Leung will contest Bainimarama's lawsuit.