Acting Director of Public Prosecution John Rabuku (left), Attorney General Graham Leung

The Acting Director of Public Prosecution says he remains in office because the Cabinet has not taken a position on the Supreme Court opinion and the Judicial Services Commission SC has not communicated anything formally to him.

John Rabuku made the comments following the call made by Attorney General Graham Leung to vacate the position following the opinion by the Supreme Court that Rabuku is not eligible to hold the position.

While responding to question by FBC News, Rabuku says the AG should know the processes as he is the Chief Legal Advisor to Cabinet and Government.

He says it’s not part of the process that he makes a public call for his resignation and that he knows that very well yet he proceeds to go down that path.

The Acting DPP says the AG should have set out the processes step by step to the media so that there is some public clarity on this.

Rabuku says the AG must refrain from making public statements that does not augur well with the intelligence and decorum demanded of his office and which appears to usurp the role of the JSC as he knows and has publicly acknowledged that JSC is an independent body, constitutionally mandated.

Rabuku says he has had meetings with the JSC and they will handle any public announcements on that and communicate their decision formally to him.

He further adds that Cabinet needs to have a clear position publicly because it was their reference question to the Supreme Court.

He says the cabinet need to take a position and that the cabinet can only take a position publicly if they have been properly and intelligently advised by the AG about what position it should consider taking or what options are available to Cabinet in respect of the Supreme Court Ruling.

FBC News is attempting to get a response from the AG.