Christopher Pryde [left] and Wylie Clark
The Fiji Law Society says it is concerning to note that the Office of the Director of Public Prosecution officials have lodged a complaint to FICAC against the Director of Public Prosecutions alleging abuse of office.
President Wylie Clark says the Society has no comment on the complaint at this stage as it must be duly investigated.
Clark says it is, however, highly unusual for a body such as the ODPP to make an official statement about a complaint of this kind, attributing comments to the Acting DPP.
Clark adds that the ODPP statement names Christopher Pryde and sets out in detail matters alleged against him.
He adds that these are allegations only and an investigation has just begun, stating that it is possible that no charges will be laid.
Clark says publishing allegations of wrongdoing against an individual creates the danger of prejudicing that person’s rights to a fair trial, particularly if the allegations attract media publicity.
He stresses that it also breaches a person’s right to privacy.
Clark adds that a cornerstone of Fiji’s criminal justice system and rule of law is the protection of an individual’s right not to be identified and the allegations against him or her kept confidential until produced in court to face criminal charges.
Furthermore, all individuals are entitled to the presumption of innocence.
He states that the ODPP must protect, not undermine, those rights.
According to Clark the issue of the media statement and the comments attributed to the Acting DPP undermine the public’s confidence that the ODPP can carry out its duties impartially and objectively.
Clark says that confidence is further eroded when a senior prosecutor in the ODPP posts a comment on social media suggesting that the outcome of the FICAC investigation is a foregone conclusion and that Mr. Pryde will be charged.
Clark says the public is entitled to high standards of behaviour from those entrusted with important legal and investigative functions and it is part of the Society’s legal responsibilities to advocate for those standards to be met.