Clarke calls on Rabuku to respect the laws and courts of Fiji and resign as Acting DPP

The Fiji Law Society urges the Acting Director of Public Prosecutions, John Rabuku to immediately resign from his position and demonstrate that he respects the laws of Fiji and the courts constituted under those laws.

The Supreme Court delivered its unanimous opinion last Friday on a reference from the Cabinet under section 91 of the Constitution.

Law Society President, Wylie Clarke says that kind of case is itself a rare event, when the Cabinet of the country asks the Supreme Court to guide it on a matter of law.

Clarke says the reference reminds all of us that even the most powerful people in the land respect and defer to the expertise of the Supreme Court on the rules that govern all of us.

He says the Supreme Court ruled that Rabuku was disqualified from appointment as acting Director of Public Prosecutions under the Constitution.

Clarke says in light of the Supreme Court’s clear opinion, the Fiji Law Society is deeply concerned that Rabuku remains in office.

He says statements attributed to Rabuku in today’s Fiji Sun quote him as saying that he will not resign and that he will await formal communication from Cabinet or the Judicial Services Commission.

Clarke says in a society governed by rule of law, all must obey it. He says high public officials such as Rabuku, who is legally qualified and whose office is central to the administration of justice, have a consequently higher duty to obey the law and not to try to frustrate it.

The Fiji Law Society President says it is not acceptable for Rabuku to stand on some official process to avoid meeting his clear duty to obey the law.

Clarke says Rabuku must know what his duty is and he should immediately take the steps which are required to leave office.

He says just as it was with Justice Alipate Qetaki (whose appointment was ruled lawful by the Supreme Court under the reference) the Society has no animosity against Rabuku and it bears him no ill will.

Clarke says the Society’s only interest in this case is to ensure that Rabuku, like everyone else in Fiji, honours and complies with the law.

Chair of the Judicial Services Commission, Acting Chief Justice Salesi Temo and Acting Director of Public Prosecutions, John Rabuku are yet to make a statement on the Supreme Court’s conclusion that Rabuku is ineligible to be appointed as DPP.

We have sent questions to Acting Chief Justice Salesi Temo and Acting DPP John Rabuku.

The Office of the DPP says they are waiting for the Judicial Services Commission.

Rabuku remains in office.