Director of Public Prosecutions (Fiji)
 Coat of Arms of the Republic of Fiji |
The Office of the Director of Public Prosecutions (ODPP) Fiji[1][2] is an independent office under section 117 of the 2013 Constitution of Fiji. The ODPP is motivated by the principle that it is in the interest of justice that the guilty be brought to justice and the innocent are not wrongly convicted.
The Constitution of the Republic of Fiji[3] authorises the Director of Public Prosecutions (DPP) to govern all matters concerning public prosecutions independently and ensures its independence not only for prosecution matters but also authorises the DPP alone, to determine all matters pertaining to the employment of all staff and administrative matters concerning the ODPP.
History
[edit]The ODPP was first established under the Fiji Independence Order 1970[4] and has continued under the 1990, 1997 and 2013 constitutions. Mr Ghananand Mishra, appointed in 1970, was Fiji's first Director of Public Prosecutions. (See 3.1 for List of DPPs).
Functions
[edit]The Director of Public Prosecutions is granted discretionary powers under the Constitution to conduct, take over, and discontinue criminal prosecutions in the courts of Fiji, except for proceedings undertaken by the Fiji Independent Commission Against Corruption. The 2013 Constitution under section 117 authorises the DPP to govern all matters concerning public prosecutions independently and ensures its independence not only for prosecution but also to determine all matters pertaining to the employment of all staff and prosecutors. The ODPP plays a key role in supporting the enforcement of criminal laws in Fiji, international laws, treaties and conventions that the Fijian Government has ratified, and contributing towards the continued development and maintenance of a just and fair criminal justice system.[5]
The 2013 Constitution, for the first time, provides the DPP complete control over a parliamentary-approved budget, administrative staff and the appointment of legal staff.
Director of Public Prosecutions Fiji
[edit]The President appoints the DPP on the recommendation of the Judicial Services Commission. Section 117 of the 2013 Constitution states that the DPP is appointed for a term of 7 years and is eligible for reappointment. He or she must also be qualified to be appointed as a Judge.
The Constitution also empowers the DPP to appoint any legal practitioner, whether from Fiji or another country, as a public prosecutor in any criminal proceeding.
Section 51(2) of the Criminal Procedure Act, 2009, also empowers the DPP to appoint police officers as police prosecutors to conduct prosecutions in the Magistrates’ Courts of Fiji.
The DPP also has the authority to appoint, remove and institute disciplinary action against all ODPP staff (including administrative staff).
In summary, the Constitution authorises the DPP to govern all matters concerning public prosecutions independently and ensures its independence not only for prosecution matters but also authorises the Director, alone, to determine all matters pertaining to the employment of all staff and administrative matters concerning the ODPP.
The current DPP is Christopher Pryde,[6] who was appointed in November 2011.
Prior to this, Christopher Pryde was Fiji's Solicitor General, a position he had held since 2007. He was also Fiji's Permanent Secretary for Justice and Anti-Corruption until his appointment as the country's DPP.
Mr. Pryde's contract was renewed as the DPP for another seven years in 2019.[7]
List of DPPs
[edit]| No. | Name | Year Appointed |
|---|---|---|
| 1 | Ghananand Mishar | 1970 |
| 2 | Andrew Indar Narayan Deoki | 1972 |
| 3 | Kulandra Ratnesser[8] | 1976 |
| 4 | Sailosi Wai Kepa | 1980 |
| 5 | Michael D. Scott | 1985 |
| 6 | Mehboob Raza | 1987 |
| 7 | Isikeli U. Mataitoga | 1988 |
| 8 | Nazhat Shameem[9] | 1994 |
| 9 | Josaia Naigulevu | 1999 |
| 10 | Ayesha Jinasena[10] | 2010 |
| 11 | Christopher T. Pryde[11] | 2011–Present |
Assistant DPPs
[edit]The Assistant DPPs[12] advise the DPP and manage roles in governing the (legal) operational functions of the ODPP, on behalf of and at the instructions of the DPP.
The ADPPs assist the DPP in the smooth and efficient functioning of the ODPP by ensuring that all criminal cases are promptly prosecuted in accordance with the law and prosecution principles. In assisting the DPP in the efficient management of the ODPP and in enforcing the criminal laws in Fiji, they are expected to keep themselves up-to-date with local and global developments in criminal law and procedures.
Accordingly, they actively contribute to staff professional development by participating and conducting regular training for State Counsel and by establishing a mentoring role within the ODPP team. They also play a proactive role in raising public awareness of criminal legal issues, with special focus on changes in criminal law and procedures.
Currently, there are three Assistant DPP's in Fiji, Lee Burney,[13] Dr Andrew Jack[14] and Elizabeth Rice.[15]
See also
[edit]The ODPP Fiji launched its revamped website and Twitter handle in 2015.[1]
References
[edit]- ^ a b "The Office of the Director of Public Prosecutions". Odpp.com.fj. Retrieved 2021-12-04.
- ^ Annual Report 2014 (PDF) (Retrieved 20 November 2017). Fiji: ODPP Fiji. 2017.
- ^ "Constitution of the Republic of Fiji 2013" (PDF). PACLII. 2013. Retrieved 27 December 2022.
- ^ "Fiji Independence Order 1970" (PDF). PACLII. 1970. Retrieved 27 December 2022.
- ^ Our Core Functions (Retrieved 21 May 2020). Fiji: ODPP. 2020.
- ^ Waqavakatoga, William (29 November 2011). "Christopher Pryde appointed new DPP". Fiji Village. Retrieved 15 November 2017.
- ^ Jyoti, Pratibha (6 April 2019). "Christopher Pryde for seven more years". The Fiji Sun. Retrieved 21 May 2020.
- ^ "Sir Clifford Grant Chambers Eulogy: Sir Clifford Grant - Sir Clifford Grant Chambers". Cliffordgrantchambers.com.au. Retrieved 2021-12-04.
- ^ "Nazhat Shameem Makes History: First Fiji Woman Judge | Pacific Islands Report". Pireport.org. 1999-04-09. Retrieved 2021-12-04.
- ^ Fijivillage (2010-10-23). "New DPP appointed". Fijivillage.com. Retrieved 2021-12-04.
- ^ Fijivillage (2011-11-29). "Christopher Pryde appointed new DPP". Fijivillage.com. Retrieved 2021-12-04.
- ^ "Assistant Directors of Public Prosecutions (ADPPs) | Office of the Director of Public Prosecutions". Odpp.com.fj. 2021-03-09. Retrieved 2021-12-04.
- ^ Fijivillage (2014-08-14). "Former British lawyer appointed fourth Assistant DPP". Fijivillage.com. Retrieved 2021-12-04.
- ^ Talebula Kate (2018-05-07). "ODPP appoints new assistant DPP". The Fiji Times. Retrieved 2021-12-04.
- ^ office of the director of public prosecutions (2019-06-13). "Elizabeth Rice Appointed The New Assistant Director Of Public Prosecutions". Fijisun.com.fj. Retrieved 2021-12-04.