DPP action
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.