SODELPA Leader Sitiveni Rabuka, Fiji Labour Party Leader Mahendra Chaudhry, NFP Leader Biman Prasad, Fiji Islands Council of Trade Unions General Secretary Attar Singh, Tupeni Baba and Jone Dakuvula will not be charged in relation to the Pacific Dialogue meeting in Suva last month.
The Director of Public Prosecutions, Christopher Pryde has decided there is insufficient evidence to charge the people arrested and detained for a suspected breach of section 8 of the Public Order Act.
The DPP has also decided that there is insufficient evidence to charge anyone in relation to a possible charge of incitement contrary to section 48 of the Crimes Decree.
Rabuka, Chaudhry, Prasad, Baba, Singh and Dakuvula were arrested and detained on the 10th and 11th of last month on suspicion of having breached the Public Order Act by attending a public meeting on the 5th of September when no permit had been issued by the Divisional Police Commander.
Pryde says that following a careful review of the evidence, he is satisfied that there is insufficient evidence to sustain a charge for a breach of the Public Order Act in so far as there was no intention on the part of these persons to attend the meeting in breach of the Act.
The DPP says other than the event organiser, Jone Dakuvula, the other people concerned did not attend the meeting knowing that no permit had been issued by the Divisional Police Commander.
Pryde says Dakuvula was responsible for obtaining a permit and appeared to believe that because the meeting was to be held in a church, no permit was required.
The DPP says this is incorrect as members of the public need to be aware of the restrictions surrounding public meetings under the Public Order Act and its amendments, which include meetings at places to where the public are given access notwithstanding the meeting may take place in a church.
However Dakuvula will not be charged as neither the Public Order Act, nor its amendments, provide an offence for failing to apply for a permit.
The DPP further states that Police have powers to stop and disperse any public meeting if they suspect on reasonable grounds that there has been a breach of the Act or that they believe a breach of public order may occur.
Pryde also concludes that the arrest and detention of the persons suspected of having committed an offence was lawfully justified by the Police under the Public Order Act and its amendments.
However he says that whilst the arrest and detention was legally justified under the Act, Pryde has concerns that it took the Police five days after the meeting to act when they must have been aware that the Divisional Police Commander had not granted the permit.
Pryde says it would also appear that the Police were selective in who they arrested, given that a large number of people had taken part in the public meeting.
We have sent questions to the police.
Commissioner Sitiveni Qiliho is yet to respond.
