The President of the People’s Democratic Party, Lynda Tabuya believes that two months to investigate whether the death of a child resulted due to negligence is a huge delay.
Tabuya earlier stated in a newspaper article in reference to the death of a four-year-old child that the state has taken no action to charge the parents for criminal negligence since April this year.
She is also quoted as saying that the PDP will enforce prosecution upon those who purposefully neglect their children as deterrence.
Fijivillage questioned Tabuya how the PDP can enforce prosecution as this would be seen as interfering in the criminal justice system.
Section 117 of the constitution clearly states that it is the Director of Public Prosecutions that is the sole authority in deciding whether to initiate criminal proceedings in any case.
While Tabuya agrees that the PDP cannot enforce prosecution if it forms the next government, she said the party is focusing on the time taken to make the decision.
The Director of Public Prosecutions, Christopher Pryde is concerned that certain politicians are attempting to mislead the public in relation to criminal justice matters.
Pryde said the decision on charges is made according to the sufficiency of evidence and whether it is in the public interest.
He stresses that the decision to prosecute or to discontinue criminal proceedings is made by the DPP alone and without reference to or in consultation with the Attorney General or any other Minister or Government entity.
Pryde said the position by the People’s Democratic Party that they intend to enforce prosecution is unconstitutional and amount to improper interference in the independence of the Office of the DPP and the criminal justice system.
He said Tabuya should also note that in the past year the Police have referred six separate matters involving the deaths of children as a result of negligence to the Office of the DPP resulting in five prosecutions being initiated in the courts.
Tabuya now said that their main issue is not to enforce prosecution but the time taken to investigate and lay charges.
