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Law Society concerned about ODPP statement on complaint to FICAC against DPP

Law Society concerned about ODPP statement on complaint to FICAC against DPP
Fiji Law Society President Wylie Clarke, ODPP Christopher Pryde and Acting DPP Nancy Tikoisuva

The Fiji Law Society is deeply concerned about a media statement issued yesterday by the Office of the Director of Public Prosecutions that officials in that office have lodged a complaint to FICAC against the DPP, alleging abuse of office.

Society President, Wylie Clarke says the Society has no comment on the complaint at this stage and that must be duly investigated.

He says it is, however, highly unusual for a body such as the ODPP to make an official statement about a complaint of this kind, attributing comments to the Acting DPP.

Clarke says the ODPP statement names Christopher Pryde and sets out in detail matters alleged against him.

He says these are allegations only and an investigation has just begun.

He adds it is possible that no charges will be laid.

Clarke says publishing allegations of wrongdoing against an individual creates the danger of prejudicing that person’s rights to a fair trial, particularly if the allegations attract media publicity.

He says it also breaches a person’s right to privacy.

Pryde says a cornerstone of our criminal justice system and rule of law is the protection of an individual’s right not to be identified and the allegations against him or her kept confidential until produced in court to face criminal charges.

He says all individuals are entitled to the presumption of innocence.

Clarke further says the issue of the media statement and the comments attributed to the Acting DPP undermine the public’s confidence that the ODPP can carry out its duties impartially and objectively.

He adds that that confidence is further eroded when a senior prosecutor in the ODPP posts a comment on social media suggesting that the outcome of the FICAC investigation is a foregone conclusion and that Pryde will be charged.

The Law Society President says the public is entitled to high standards of behaviour from those entrusted with important legal and investigative functions and it is part of the Society’s legal responsibilities to advocate for those standards to be met.

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