The counsel for former Prime Minister Voreqe Bainimarama and former Commissioner of Police Sitiveni Qiliho has filed affidavits for three notice of motion in court this morning.

The motions include seeking stay against sentence, an additional order to be added to the notice of appeal against conviction, and a motion for bail pending appeal application.

Bainimarama and Qiliho appeared at the Court of Appeal in Veiuto in Nasese.

They had since been jailed in May for their interference in an investigation into the University of the South Pacific.

Acting Director of Public Prosecutions Nancy Tikoisuva informed the court they will be opposing the application for bail pending appeal.

Meanwhile, according to Bainimarama and Qiliho’s lawyer, Gul Fatima, the appellants have very strong chances of success, the appeal would be rendered nugatory if bail was not granted, there is clear error of law made by the High Court in allowing the appeal on ground(c) of the DPP’s Grounds of Appeal and the sentence of the Magistrates Court was not null and void.

Fatima further highlighted that the learned judge clearly erred in not recusing himself when he had predetermined the appeal against sentence on April 3rd this year, both parties have already filed an appeal against conviction and failure to rescue and sentence.

She further added that the appeal was sanctioned by John Rabuku whose appointment as the Acting DPP has been rendered to have been made in breach of section 105(2) of the constitution by the Supreme Court, any matter or action sanctioned by Rabuku in his capacity as the Acting DPP would naturally be rendered null and void.

The ODPP will reply to the motion on November 5th, and the matter will be called again on December 3rd for mention.

The lawyer for Bainimarama and Qiliho will reply to the ODPP on the same day.