Assistant DPP’s contract terminated after audit of all case files – Rabuku

Acting Director of Public Prosecutions, John Rabuku confirms that he terminated the contract of the former Assistant DPP, Elizabeth Rice on Friday after an audit of all case files.

While answering questions from fijivillage News on some claims being made that the dismissal is allegedly linked to removing non-iTaukei people from positions, Rabuku says in December last year, the Office of the DPP conducted a full audit of all case files handled by the prosecutors at the Suva and Western DPP offices.

Based on the audit, the Acting DPP came to know that Elizabeth Rice had minimal workload whereas the local prosecutors work was far much more than what Rice was handling despite her high salary scale.

The Acting DPP decided that Rice’s share of minimal work in the office could easily be absorbed by a local prosecutor.

Rabuku says he had 2 meetings with Rice and indicated to her his decision to terminate her contract within a month's notice as that is provided for under clause 9(a) of her contract.

He says Rice is aware that the termination of her contract is according to the terms she signed on and it is to allow local prosecutors to move up to the Assistant DPP's position.

Rabuku also says that Rice has not displayed any specialized prosecutorial skill that warrants any further need for her in the ODPP here in Fiji.

When asked on what is being done to ensure the Office of the DPP has experienced prosecutors to handle major cases and whether they have many senior prosecutors who are experienced to handle the major cases, Rabuku says they have the local prosecutorial skills here in Fiji, as we have always had before.

He says he had offered to take Rice on a consultancy basis from time to time on any specialised prosecutorial field or training she can offer them including the restructure of the Office of the DPP into what can become the National Prosecution Service.

Rabuku says she has had experience in that.

The Acting DPP says he provided Rice an opportunity to resign with immediate effect and also offered the necessary payments be made out to her including repatriation back to NZ or UK.

However he says, on Friday 19th January 2024, Rice emailed him that she is not resigning but is forced to resign and therefore that amounts to constructive dismissal.

He says all their negotiations therefore fell through including even his offer to her for consultancy work.

Rabuku says he therefore terminated her contract forthwith under clause 9(a) of her Contract of Employment, via email at exactly 3.45pm on Friday 19th of January 2024 allowing one month's salary in lieu of notice.