Fiji Law Society President Wylie Clarke (left), Acting Director of the Office of Public Prosecution John Rabuku

The Fiji Law Society says they are pleased with opinion provided by the Supreme Court on the appointment on judicial officers.

President William Wylie Clarke says this provides a clear direction as to who is qualified and who is disqualified from holding those appointments.

This matter was referred by the cabinet and an opinion was sought in regards to the interpretation of section 105(2)(b), 114 (2), 116 (4) and 117 (2) of the Constitution.

The FLS President says this was really important as the court had remarked and noted on a number of occasions, that particular provisions are very badly drafted.

When questioned on whether Rabuku should remain in the office, Clarke says that the Supreme Court ruling is very clear that he is not qualified for the appointment because of the disqualification provision.

“Obviously, it’s a matter for Mr. Rabuku, but I would have to say that his position is now a very difficult one and really the only option left for him, I think, in these circumstances is to resign.”

Clarke agrees that the Supreme Courts’ decision has also raised questions on the past decisions made by Rabuku who was appointed as DPP in 2023.

“Well, that’s going to be a question that I think remains unanswered. Obviously, there’ll be quite a number of people who’ve either been charged or convicted in a number of decisions that Mr. Rabuku has made during the course of his tenure that I think now may be questioned as to whether they’re valid or not. And I think that’s going to be a matter for the court to ultimately decide.”

Clarke also says that the decision to pursue the matter and seek this clarification was a difficult one for the Law Society.

He says the importance of upholding the rule of law and the principles associated with that gave them little choice in the matter.

He adds that they were also very mindful of the potential impact that this would have on Justice Alipate Qetaki and Rabuku as they hold them in high regard.

He adds they are happy that Justice Qetaki will remain as the Appeals Court judge.

The court today ruled that John Rabuku is not qualified to hold the office of the Director of Public Prosecution as he is not qualified to be a judge as required by section 117(2) of the constitution.

The Supreme Court also stated that Rabuku is not eligible for judicial appointment by virtue of disciplinary proceedings disqualification in Section 105(2)(b) because he was sanctioned for professional misconduct in a disciplinary proceeding.

The court has also given the opinion that Justice Qetaki was eligible for appointment as a judge of the Court of Appeal because he was not sanctioned for professional misconduct.