Christopher Pryde, the Director of Public Prosecutions, is concerned that certain politicians “are attempting to mislead the public in relation to criminal justice matters.”
Mr Pryde said: “In an article published in the Fiji Sun on Saturday, June 7,2014, entitled ‘Welfare of Children Paramount’ Peoples’ Democratic Party (PDP) President Lynda Tabuya stated in reference to the death of a four-year child that the State ‘has taken no action to charge the parents for criminal negligence’.”
“Ms Tabuya is then quoted as saying that the PDP will ‘enforce prosecution upon those who purposefully neglect their children as a deterrence’.”
He said Ms Tabuya had not been properly advised and her statement was incorrect.
“All suspicious deaths are investigated by the Police but the ultimate decision by the State to charge the parents is made by the Director of Public Prosecutions (DPP),” he said.
“The file in this matter will be reviewed by the Office of the Director of Public Prosecutions (ODPP) in the normal course once investigations from the Police have been completed which is expected by the end of next week.
“A final decision on what charges, if any, will then be made by the DPP. It is incorrect therefore to state that no action has been taken.
“Ms Tabuya should also note that in the past year the Police have referred six separate matters involving the deaths of children as a result of negligence to the ODPP resulting in five prosecutions being initiated in the courts. These have been well publicised in the media.
In relation to Ms Tabuya’s comment on “enforcing prosecution”, Mr Pryde said section 117 of the Constitution stated that it was the DPP that was the sole authority in deciding whether to initiate criminal proceedings.
“That decision is made according to the sufficiency of evidence and whether it is in the public interest. A decision to prosecute or to discontinue criminal proceedings is made by the DPP alone and without reference to or in consultation with the Attorney-General or any other Minister or Government entity,” he said.
“The position by the PDP therefore that they intend to ‘enforce a prosecution’ is unconstitutional and amounts to an improper interference in the independence of the ODPP and the criminal justice system.
“If political parties are unclear on the Constitution and how it relates to the criminal justice system, they are invited to seek clarification directly from the ODPP.”
Office of the Director of Public
Prosecutions
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| Lynda Tabuya and Christopher Pryde |
“Ms Tabuya is then quoted as saying that the PDP will ‘enforce prosecution upon those who purposefully neglect their children as a deterrence’.”
He said Ms Tabuya had not been properly advised and her statement was incorrect.
“All suspicious deaths are investigated by the Police but the ultimate decision by the State to charge the parents is made by the Director of Public Prosecutions (DPP),” he said.
“The file in this matter will be reviewed by the Office of the Director of Public Prosecutions (ODPP) in the normal course once investigations from the Police have been completed which is expected by the end of next week.
“A final decision on what charges, if any, will then be made by the DPP. It is incorrect therefore to state that no action has been taken.
“Ms Tabuya should also note that in the past year the Police have referred six separate matters involving the deaths of children as a result of negligence to the ODPP resulting in five prosecutions being initiated in the courts. These have been well publicised in the media.
In relation to Ms Tabuya’s comment on “enforcing prosecution”, Mr Pryde said section 117 of the Constitution stated that it was the DPP that was the sole authority in deciding whether to initiate criminal proceedings.
“That decision is made according to the sufficiency of evidence and whether it is in the public interest. A decision to prosecute or to discontinue criminal proceedings is made by the DPP alone and without reference to or in consultation with the Attorney-General or any other Minister or Government entity,” he said.
“The position by the PDP therefore that they intend to ‘enforce a prosecution’ is unconstitutional and amounts to an improper interference in the independence of the ODPP and the criminal justice system.
“If political parties are unclear on the Constitution and how it relates to the criminal justice system, they are invited to seek clarification directly from the ODPP.”
Office of the Director of Public
Prosecutions
19 comments:
The police is part of the state apparatus. Fiji is a police state. The buck stops with the state.
Pryde is nothing but a junta appointee and supporter. He is part of a corrupted justice system in cohorts with an illegal regime. Instead of threatening Fijian patriots living in a military state that he is part of he would be better to keep his mouth shut or do something about the horrendous human rights abuses that he an Gates MUST take some responsibility for.
Waaah wahhhh waaahhh boring. Next one please.
@ waaah waah waah
You are squealing like a roadkill mongoose? Is you own shadow scaring you again ghoosey?
The photo in this facist blog says it all. A regime appointed member of the junta judiciary - a fat jowled white colonialist - threatening a young Fijian women, an aspiring politician, trying to save her nation from the rape of cowards hiding behind thugs with guns. This cowardly attack by Pryde on a young Fijian woman is a disgrace. Where are the UN when we need them? This terrible sexist, racist attack on a young defenceless Fijian woman must be corrected. Are the Fiji military totally useless that they cannot even defend their young women?
I am squealing not from roadkill but from baseless comments that people like you make without substantive evidence. Why blame Pryde and Gates for the human abuse? Whilst I don't condone any form of human abuse, what's happened in Fiji is "meek" in comparison to China, West Papua, Guantanamo Bay to just name a few. Come up with facts and try and convince with with your argument rather baseless crap. Before you start accusing me of being a Junta appointee, I am not because I certainly loathe military coups.
What is so racist and sexist about Pryde's comment? I couldn't care less about who is wrong and right in terms of the content but there is nothing racist and sexist about what Pryde is saying. Lynda tabuya made a comment in a public domain and as such Pryde is replying within the same medium. Go figure.
@ Waaah Waah the squealer
What could be more 'baseless crap" than "waah waah waah" you idiot?
Here you go name calling. Get a life mate.
@Well done Guantanamo
First and foremost, you don't even know me from "a bar of soap" so don't go calling me names and being judgmental based on the fact that I decided to use the informal phrase, "waah waah waah" to insinuate my point of reading some statement which I think is baseless. Argue and shoot the phrase, don't judge me. By the way, the use of such informal phrase is my prerogative and there is no rule in this blog site by the moderator that stops anyone from utilising such informal descriptive phrase.
Well done Guantanamo is escaped from the mad house. he doesn't take his pills a regular basis. or it must be the full moon.
@Mad hatter
Whilst I don't necessarily agree with your assumptions about Well Done Guantanamo, I am a "I-Taukei" and a very proud one at that who has had a "gut-full" of our inability to debate in such a forum without resorting to name calling when people disagree with someone else' opinion. Rather than trying to swap their perception through constructive well structured arguments backed by concrete evidence, we start "mud-slinging" mate. You just have to go to anti-coup blogs to see this sort of immature behavior. Whilst I agree with them on principles, I loathe the way we talk to each other online. It's so so sad.
Linda needs a good fuck in the ass.
I agree... there's nothing untoward about Pryde's comments. It's a pretty sad state of affairs when a white man can't respond (in a very fair and measured manner) to a public statement from an iTaukei woman without being labelled sexist and racist. In my opinion the original comment is insulting to Ms Tabuya an intelligent woman who I'm sure doesn't want to be afforded special treatment on the basis of gender and race.
You're an idiot
Exactly mate. The fact is Linda has decided to partake in the political arena (and kudos to her for opting to do that which is her right) and as such expect to be treated like a politician regardless of race, creed and gender. If people resort to the use of "race-card and gender" when someone disagrees with their opinion, then don't jump into politics. It is similar to our high chiefs who want to participate in politics but still expect to be accorded the same traditional respect in the political "football field".
No need for that derogatory comment.
Wonderful comment from anonymous @ 11:35am? Is it endorsed by Mr and Mrs Walsh? I suppose if it is acceptable to jump on pregnant women then brutally penetrating women from the rear would be acceptable from these military thugs and their supporters?
Linda needs to look at both sides of the equation and do her homework before opening her big mouth. Her comments in this instance hows her up for what she really is; an immature and irresponsible candidate for political office without the capacity to think through issues and articulate it in an appropriate way. God Bless Fiji if we have people like her in power! I will not be voting for her, thats for sure.
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