The Office of the Director of Public Prosecutions is concerned regarding comments made by the Governor of the Reserve Bank of Fiji and the Fiji Intelligence Unit before the Parliamentary Standing Committee, concerning the capacity of the ODPP to prosecute increasingly complex financial and cybercrime matters.
The ODPP is concerned by any suggestion that its effectiveness or capacity can be assessed without reference to the nature and circumstances of individual cases, the evidence or data available, or the broader criminal justice process.
The Office considers it important to clarify the record, particularly where statements made about
the prosecution of financial crime may give the impression that difficulties or delays in bringing
such matters before the courts are due to a lack of capacity, expertise or personnel within the
office.
The ODPP states it is staffed by prosecutors with the requisite skills and experience to deal with these cases, including matters involving financial and economic offending.
It says it has a dedicated Serious Fraud Division, staffed by capable and experienced prosecutors who are tasked with prosecuting such offences.
The ODPP says it's role in the criminal justice process must also be distinguished from that of the
Financial Intelligence Unit.
It says the FIU performs an important role within Fiji's financial crime framework, particularly in receiving, analysing and disseminating financial intelligence to relevant authorities, however, financial intelligence is not, in itself, the same as admissible evidence required to prove a criminal offence in court.
The ODPP says in determining whether a prosecution can properly be instituted and sustained, it must
consider the evidence gathered through investigations and whether that evidence meets the applicable legal threshold for a prosecution.
It adds that delays in any case can be a combination of factors including the availability of witnesses, the complexity of the evidence, the progress of investigations, court scheduling and diary constraints, and other circumstances beyond the control of the prosecution.
