Fourteen months after he was suspended on full pay, the Fijian people are finally being told the precise details of the accusations of “misbehaviour” against the Director of Public Prosecutions, Christopher Pryde. However there is still no date set for the judicial tribunal hearing into the allegations against him which, if proven, could see him dismissed by H.E the President, Ratu Wiliame Katonivere, under the terms of the 2013 Constitution.
One of the allegations is already on the public record – that Christopher Pryde was photographed having a conversation with the ousted attorney general, Aiyaz Sayed-Khaiyum, in full public view at a Japanese Embassy function in February 2023. Yet 14 months after his suspension six weeks later, an “opinion” by the three judges appointed to the tribunal issued yesterday (Friday) reveals a fresh allegation – that Christopher Pryde received $US1,000 a month in superannuation payments without the formal approval of the Judicial Services Commission, the Attorney General or the Office of the President.
The three judges who will determine the matter are Justice Anare Tuilevuka ( to the left of the President) Justice Chaitanya Lakshman and Justice Samuela Qica. Here’s the wording of the “charges” against the suspended DPP that will be heard by the Tribunal when it eventually sets a hearing date, which it says it intends to do without indicating precisely when.
First, let’s go through these allegations of “misbehaviour” in detail.
1/ The Tribunal says that Christopher Pryde had a conversation with Aiyaz Sayed-Khaiyum at the Japanese Ambassador’s residence on the country’s national day at the time of “an ongoing police investigation” into the ousted attorney general. So what? The issue is surely whether that conversation took place after a police file had reached the DPP’s desk and could have influence his decision to prosecute. The wording of this allegation makes it clear that it had not. The police were still “investigating” the allegations, which is what they do routinely before they refer any case to the ODPP for a decision on whether to prosecute on the normal grounds of the likelihood of securing a conviction and whether that prosecution is in the public interest.
So we know there was no reason for Christopher Pryde not to have a discussion with Aiyaz Sayed Khaiyum because he wasn’t in the process of making a decision on whether to prosecute him. It was still with the police and in the normal course of events, the DPP could well have been unaware (a) that an investigation was taking place and (b) what that investigation entailed. So that when Aiyaz Sayed-Khaiyum approached Christopher Pryde at the Japanese Residency – which is what Grubsheet understands happened – he had no reason to “ghost” him. Indeed he was officially on Japanese territory and as someone who is married to a Japanese, Pryde would have understood implicitly that it would have caused offence to the ambassador if he had been rude to one of his guests by refusing to engage with him.
The content of the conversation is also critical. Did Aiyaz Sayed-Khaiyum raise his case with the DPP and in any way attempt to influence him? This question will be at the heart of this inquiry. Grubsheet understands both men are maintaining that the conversation was casual in nature and at no stage was there any discussion between the two about a police investigation or anything the DPP might decide as a result of that investigation.
2/ It seems extraordinary that, by the account of the Tribunal judges themselves, it took 10 months for there to be a second complaint of misbehaviour lodged against Christopher Pryde relating to his superannuation. The allegation is that the DPP received $US1000 a month ($F2200) in superannuation – $F26,800 a year – without the formal approval of the Judicial Services Commission (headed by the Acting Chief Justice, Salesi Temo), the Attorney General or the Office of the President.
$26,800 a year? This is hardly an excessive amount by the standards of superannuation paid to other senior officers of state in Fiji which are, of course, mandated by the FNPF Act. Did Christopher Pryde pay himself this money without getting approval, as the allegation suggests? We shall see. But surely the audit process of the Ministry of Finance or the Auditor General’s Office would have detected any unauthorised payment. And, again, the amount involved is hardly extravagant, especially set against the recent pay and benefits increases the nation’s MPs have awarded themselves.
Why did it take 10 months after Christopher Pryde was suspended for this second “charge” against him to be laid and 14 months for the Fijian people to be made aware of it? There is a disturbing possible explanation – that having suspended Christopher Pryde for talking to Aiyaz Sayed-Khaiyum, the powers that be thought that mightn’t stick and went hunting for other alleged instances of “misbehaviour” to hurl at him. And if “that’s all there is” – as the Peggy Lee 60’s pop hit goes – it raises some serious questions to which the Fijian public deserves answers.
Why has Christopher Pryde been suspended for 14 months on full pay and had his reputation impugned if the evidence against him amounts to no more than a casual conversation with someone out of favour politically and run-of-the-mill statutory payments to his superannuation fund? It’s a question we are certainly entitled to ask as this extraordinary saga enters its 15th month, with no date yet for a hearing and still no sign of the DPP getting his day before the Tribunal to provide him with the opportunity to clear his name.
When that date is set, it is essential that it be a public hearing and not a Soviet-style show trial behind closed doors. The media and members of the public must be allowed entry. Because the transparency and proper conduct of this case – the first hearing of an allegation of “misbehaviour” against a senior officer of state under the 2013 Constitution – is essential to demonstrate to the Fijian people that this is not a witch-hunt.
Christopher Pryde was appointed during the FijiFirst government and was midway through a seven-year contract when he was suspended. As a supposedly independent officer of state, he (and we) were entitled to expect that he would complete that contract. And the Coalition better have had a good reason to nail him.
As things stand, that reason isn’t immediately obvious and there are some other disturbing aspects to this case.
- It is a matter of profound public concern that Pryde’s suspension was preceded by a formal complaint laid by him before the Judicial Services Commission against the Resident Magistrate, Seini Puamau, alleging that she was trying to recruit members of his staff to spy on him ( see the internal memorandum below). On whose behalf was she allegedly doing this?
- It is also a matter of profound public concern that one of Pryde’s assistant DPPs, Elizabeth Rice, is alleging in formal proceedings for unfair dismissal that Christopher Pryde’s latest stand-in – the illegal Acting DPP, John Rabuku – told her that she was being sacked for “being white”. These are issues that go to the heart of the integrity and credibility of the state and cannot be ignored in the forthcoming proceedings.
We need to see the evidence thoroughly tested when the Tribunal finally sits and individuals such as the recently displaced attorney general, Siromi Turaga, are questioned on oath about their handling of this case. Because there are a great many questions about the integrity of the criminal justice system in Fiji at the present time that are undermining public confidence in the administration of the rule of law.
The highly respected Justice Tuilevuka and his fellow judges have an opportunity with this case to do a great deal to restore that confidence and the Fijian people look to them to do so with judgment and integrity, irrespective of the desire of the Coalition to send Christopher Pryde packing whether he deserves it or not. As the old saying goes, justice must not only be done but seen to be done. And in the full light of public scrutiny.
NOTE: For those readers who may be wondering, we are able to canvass the merits of this case in detail because Christopher Pryde has not been charged with any offence and the Tribunal hearing is an inquiry, not a criminal trial, that is not subject to the normal rules of sub-judice.
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The full “opinion” by the Tribunal members given yesterday and leaked to sections of the media. It receives prominent coverage in today’s Fiji Times (see below)
The Fiji Times account of the “opinion” is prejudicial to Christopher Pryde by reporting that he allegedly received $F4000 a month in superannuation when the actual amount is $F2,239 ($US1000) at today’s exchange rate.
Was this a mistake or deliberate? The Fiji Times is now so politically biased in favour of the Coalition that it is as unreliable as a source of information as the Fiji Sun once was under the influence of Aiyaz Sayed-Khaiyum.
Christopher Pryde’s alert to staff about alleged attempts by the Resident Magistrate, Seini Puamau, to recruit staff in his office to spy on him.
A Fiji Sun news story from back in March on the appointment of the Tribunal members but still no date for a hearing.
It must be very difficult…
Slacker says
Sitiveni and his boys just want to get rid of the guy. But I guess it doesn’t matter. Whatever these primitive creatures do, their country will still remain a third world nation.
Racist systems in making says
The government and racist Siromi were out to show the world that all white people are not needed and are corrupt. Siromi simply brought in his mates who are illegally appointed to the role. This is how Fiji’s ethnic cleansing started under Rabuka this time.
It is an absolute shame.
No wonder why the investors are selling and getting out. They already had an eroding confidence in Fiji’s law system and now it has hit rock-bottom.
Mukesh Ram says
It is not only white people they dont want. Siromi also wants to enslave the Fiji Indians too.
Worried for Fiji says
GD, if this government can endorse people like Siromi as an AG then anything is possible for their ploy.
I am deeply sorry for these expatriates and the way they are treated in Fiji. It is a blatant disregard of the law by the Fijians themselves.
Prem Chand says
People here are commenting regarding racism, favoritism, corruption but not realizing all this saga is going in circles
Aiyaz controlled anything and everything and same thing happened to many hardworking civil servants
DPP Mr Pryde did some fumble too and now he is paying the price
If tomorrow Aiyaz comes back in power ,the very same thing will happen again
Many will end up in prison
I saw his interview with those amateur journalists and the words ASK was using as if he was speaking in Parliament
Our leader he said, Ratu Josiah Voreqe Bainimarama
“Really”
Whom his fooling not realizing his fooling himself
Yes ,prisoners get permission to sign documents and affidavits through their lawyers regarding thier own case but not signing political statements or documents
During his tenure the very same same thing was happening
Ficac raid,Firca raid,Police raid and you name it
Not only that people were taken to QEB for interrogation
ASK is sounding like a saint and counting on every tax dollars that are wasted today
What did he do during the last 16 years
Body guards around him,do we need body guards in Fiji
PM was almost out of country for whole year and full of wastage and corruption in every sectors
Big boys made money and took off ,Good example is FSC,but a poor guy took 40 dollars, bought lunch and his babies diapers was sent to prison for a year by Ficac
360 dollars he mentioned, was given to people from the money donated by developing partners as Covid financial help
People were also given their own FNPF fund but Aiyaz told them it’s a help
Hospitals are in very sorry state today
People not suffering because what has happened yesterday or today but people are suffering of what has happened in last 20 years or so
His going to Singapore for treatment, why not CWM
In last 15 years if CWM was looked after well, today we would have had a hospital which would have been similar to the one opposite the road
Now for current coalition government,they have lost the plot
All talk and doing service to their own self
We really need new sets of politicians for Fiji
There are some very good people out there who should form a political party comprised of young highly qualified and skilled people
Academics,Graduates,Business and many more
Kick those old farts and tell them to retire
We need brand new political and honest will to take Fiji forward
God bless Fiji
Rohit says
You right Prem
These so called overnight politicians of FFP were using equal rights for all as their weapon
Bainimarama was directly connected to RFMF so Indians felt there was some sense of security
If anyone can remember many Itaukei were punished by brutal assault and few died while in custody after 2006 coup
People were scared of boys in green uniform with guns and especially Itaukei
Indians thought the tide had changed and Bainimarama was their savior
Rest became history after the 2 became rulers
If Bainimarama “somehow” comes back in politics than he is a toothless tiger
For Sitiveni Rabuka, his weapon is
Itaukei supremacy, indigenous rights and their religion
These are the products FFP and PAP sold to people to come into power
Than the rich threw money to bet on them and gamble for profits when they are in power
Today we all are paying the price for current state of Fiji
Chairwoman - Council of Vulagi Chiefs says
I am no lawyer but common sense tells me:
The talking to the former AG should be a no brainer. That in itself cannot be an argument for suspension or discipline maybe a caution if at all. Particularly when an example is set by Rabuku talking to an alleged drug lord.
Christopher Pryde should be afforded general protections rights or victimisation rights if he has already complained about issues affecting his rights to perform properly in his employment. It appears no investigation was carried out and resolved on this complaint.
The superannuation issue could have been pointed out by the state and ways to payback or resolve put in place if the rate of pay is incorrect.
So on the balance of probabilities, it appears to me as a layman that Christopher Pryde will have a stronger case for justice or strength to appeal if justice isn’t done.
Yes that is right says
These are examples of the “high standards” practiced in Fiji by the PM, his ministers and his government. You only have to ask them!
As Fiji is a proud Third World country, its standards must be maintained at that level so that it can continue to be a proud Third World country. And believe you me, that is exacty what the people want. I mean why else would they elect a crackpot from 37 years ago to be their leader. Why else would they elect every member of this parliament, who are all well known and useless idiots? Why?
But then, having made that choice, why are they all complaining so much???
I reckon it is because Fiji is full of idiots. How do you change a country full of idiots??
The answer to this question is the solution to Fiji’s problems.
Anonymous says
@yes that is right. For the record, unlike your lot there are many good people in Fiji, itaukei included. PAP and the coalition has enabled racism and nepotism as they fornicate and indulge in their gluttony campaign whilst crime and drugs decimate Fiji.
#233 MBongW says
I had chocolate cup cake today, celebrating my 5 year old grandson’s birthday. He paid out of his piggybank savings and said, was his way of thanking the elderly in the family and also his kindy friends for coming and joining in the celebrations. More or less his words… yes a 5 year old.
Yes that is right says
So what are you trying to say, the 5 year old has more brains than the donkeys running Fiji?
Tony says
Sad story
Puamau is taking water
Within next 36 to 48 hours that Navy ship will disappear
Is there some conspiracy behind it’s sinking?
We will never know
Anonymous says
If someone was writing a work of fiction on the trajectory of the drug trade in Fiji, a “conspiracy” to sink Puamau would be a major part of the plot.
It would not be in the interest of a former corrupt Prime Minister and Attorney General, their henchmen or international druglords as bona fide local businessmen, to have Australia sniffing around Fiji waters.
Under kava AG says
The thing with independent officers is not only do they have to be independent, they also have to be perceived to be independent. On this, Mr Pryde fails the test.
As for superannuation, any extra dollar above what is approved is a breach. And as Chief Accountable Officer for his office, he is responsible.
Graham Davis says
“Perceived to be independent”? No chance with a partisan and chronically biased individual like you. No regard for the evidence, just “I don’t think he’s independent so off with his head”. Incredible.
And who said that any superannuation payment is a “breach”? That has not been established yet you have prejudged the matter.
This is the woeful level to which we have sunk in Fiji. “Guilty because I say so”. It is no way to run a grown-up country, which is why we are in the mess we are in.
Slacker says
Fiji has been a joke ever since independence. I don’t think there ever was a time when Fiji was good. It is the case with most third world countries.
Vinaka Prem. says
Vinaka va levu Prem, you got it right and it seems we need constant reminding about the Bail and Kai era.
The shambles of the Coalition Government is inexcusable but we should view Fiji’s current state of affairs, from the perspective of 16 years of tyranny.
Johnny says
Pryde has a case to answer
Full stop
Now he has to prove himself not guilty
Doesn’t make sense here to become a judge and a jury
Neither Pryde would want to hire any of the commentators here as his lawyer
Everyone has to wait and watch
Aye Graham Davis