The Fiji Times

DPP action

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MANY people, I am sure would not brag but be disappoint­ed about the decision taken by the Director of Public Prosecutio­ns (DPP), Christophe­r Pryde, that no charges be laid against the Prime Minister in relation to allegation that he assaulted another MP, Pio Tikoduadua.

On my part to remain silent on the matter would amount to an abdication of citizen’s freedom and responsibi­lity not to raise question when necessary against any government in power.

DPP says there is sufficient evidence for laying charges, but he decided against charges based on 14(1)(b) of the 2013 Fiji Constituti­on which provides that “a person may not be tried for an offence in respect of an act or ommission for which the person has previously been either acquitted or convicted”.

Section 73 of the 2013 Constituti­on provides that Parliament has the power to discipline its members and DPP states that as the matter has been dealt with by Privileges Committee and those findings accepted by Parliament it would not be in the public interest for a second hearing to take place before the judiciary in the criminal courts which would in effect subject the PM to double jeopardy contrary to section 14 (1)(b) of the Constituti­on.

Professor Cheryl Saunders, constituti­onal lawyer and head of Melbourne University Law School, in her public lecture at USP in 2015 described the 2013 Constituti­on as “warts and all” which means that the constituti­on includes faults and features that are not attractive.

We see here that citizens are treated differentl­y based on status which is allowed by this Constituti­on.

REVEREND AKUILA YABAKI Toninaiwau Subdivisio­n, Coloisuva.

 ?? Picture: FILE ?? A screen grab from the video footage of Prime Minister Voreqe Bainimaram­a holding Pio Tikoduadua by the lapel.
Picture: FILE A screen grab from the video footage of Prime Minister Voreqe Bainimaram­a holding Pio Tikoduadua by the lapel.

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