I did not own a firm nor had any trust fund issues as raised by Mahendra Chaudhry – Acting DPP Rabuku

Acting Director of Public Prosecutions, John Rabuku says the Fiji Labour Party Leader, Mahendra Chaudhry’s allegations of Rabuku being found guilty of professional misconduct in relation to trust funds by the Independent Legal Services Commission in 2013 is false.

While responding to fijivillage News, Rabuku says in 2013, he was a consultant, so he did not own a firm nor had any trust fund issues as raised by Mahendra Chaudhry.

Rabuku also says any questions relating to his appointment as the Acting DPP should be taken up with the Judicial Services Commission.

According to the July 2013 judgement by the Independent Legal Services Commissioner, Justice Paul Madigan, Rabuku was facing one allegation of professional misconduct.

The particulars of the allegation are stated to be Rabuku, a legal practitioner, failed to respond to a complaint lodged by one Janette Kapio within the time stipulated in the notice issued by the Chief Registrar pursuant to section 105 of the Legal Practitioners' Decree and thereafter failed to respond to a subsequent reminder notice issued by the Chief Registrar pursuant to section 108(1) of the Legal Practitioners' Decree which conduct was a contravention of Section 108(2) of the Legal Practitioners' Decree 2009 and was an act of professional misconduct.

Justice Madigan had said at the hearing of this matter before the Commission, Rabuku was clearly confused between issues that arose from the original complaint and from the complaint of the Chief Registrar himself.

He said it was on an "untangling" of these quite diverse issues, that Rabuku admitted the allegation and proceeded to mitigate.

Rabuku was publicly reprimanded, he was suspended from practice for a period of three months from the date of the judgement and fined $500 to be paid to the Independent Legal Services Commission.

According to the 2013 Constitution, the Judicial Services Commission consists of the Chief Justice, who is to be the chairperson; the President of the Court of Appeal; the Permanent Secretary responsible for justice; a legal practitioner to be appointed by the President on the advice of the Chief Justice following consultation by the Chief Justice with the Attorney-General and who has not less than 15 years post-admission practice; and has not been found guilty of any disciplinary proceeding involving legal practitioners whether in Fiji or abroad, including any proceeding by the Independent Legal Services Commission or any proceeding under the law governing legal practitioners, barristers and solicitors prior to the establishment of the Independent Legal Services Commission; and a person, not being a legal practitioner, appointed by the President on the advice of the Chief Justice following consultation by the Chief Justice with the Attorney General.

The Director of Public Prosecutions shall be appointed by the President on the recommendation of the Judicial Services Commission following consultation by the Judicial Services Commission with the Attorney General.

The President may, on the recommendation of the Judicial Services Commission following consultation by it with the Attorney General, appoint a person to act as the Director of Public Prosecutions during any period or during all periods, when the office of the Director of Public Prosecutions is vacant or when the Director of Public Prosecutions is absent from duty or from Fiji or is, for any reason, unable to perform the functions of office.

Chaudhry had earlier said in a statement that the appointment of John Rabuku as acting Director of Public Prosecutions is another case in point, as Rabuku was found guilty of professional misconduct by the Independent Legal Services Commission in 2013.

Chaudhry also says the ILSC Commissioner Justice Madigan was particularly incensed that John Rabuku had failed to respond to notices sent by the Chief Registrar.

He says the Commissioner saw this as defiance of authority, suspended Rabuku’s licence to practice for three months and imposed a fine.

The FLP Leader says section 117 (2) of the Constitution holds that the Director of Public Prosecutions must be a person qualified to be appointed as a judge.

Section 105(1) says a person qualified to be a judge must be “of the highest competence and integrity”.

Chaudhry says Rabuku clearly does not qualify, and such controversial appointments are indicative of Rabuka’s defiance of the rule of law and public opinion, and must be strongly condemned.

We have also sent questions to Prime Minister Rabuka. He is yet to respond.