Much of the legal profession is aghast at events at the Office of the Director of Prosecutions, where a senior staff rebellion is in full swing against the exoneration of Christopher Pryde by the judicial Tribunal investigating him for misbehaviour and his reinstatement by the President, Ratu Naiqama Lalabalavu.
The conduct of the Acting DPP, Nancy Tikoisuva, the Deputy DPP, John Rabuku, and a clutch of assistant DPPs – all of them iTaukei and appointed since Christopher Pryde was suspended in April 2023 – is simply unlawful. And according to senior members of the profession, all are now at risk of dismissal.
The moment that the President lifted Christopher Pryde’s suspension, he became the DPP again. He was always the substantive DPP but was stood down while the Tribunal investigated him. But having been cleared and reinstated, there is no question about his authority (see extract from the Constitution below). Nancy Tikoisuva may be acting as DPP until next Monday. But she clearly should have referred any substantial policy decision to the substantive DPP from the moment his suspension was lifted on January 6. And what she has done in recent days including her preposterous claim to occupy a substantive position is mutiny, pure and simple.
Let’s cut to the chase here and examine what has happened.
1/ Christopher Pryde’s reinstatement threatens the existing leadership at the ODPP. His is an independent office of state and by law, he has total control over his staff and who is appointed to any position.
2/ That authority was confirmed by the now Chief Justice, Salesi Temo, when he said that he had no power to intervene to prevent Nancy Tikoisuva – in the acting position – appointing her friend, John Rabuku, to the substantive position of Deputy DPP even though three Supreme Court judges had ruled Rabuku unfit to be acting DPP because of his record of professional misconduct.
3/ The Chief Justice is in no position to intervene to save Nancy Tikoisuva and John Rabuku if Christoper Pryde decides when he returns to the office next Monday that they must go because of their attempt to thwart his return by referring him to FICAC and effectively mounting a palace coup.
4/ Cleary in the knowledge of this, Nancy Tikoisuva and John Rabuku called for the file on Christopher Pryde that the Judicial Services Commission used as the basis for its case against him. Along with his meeting with Aiyaz Sayed-Khaiyum, the only other charge against the DPP was that he allegedly paid himself superannuation to which he was not entitled.
5/ This charge – which led to Salesi Temo branding Christopher Pryde a thief at the Tribunal hearing – was rejected by the three judges led by Justice Anare Tuilevuka on the basis that the superannuation payments in question were in the DPP’s contact and had presidential assent.
6/ After 21 months of trawling through the civil service and offices of state for evidence of wrongdoing on the part of Christopher Pryde, the allegedly unauthorised superannuation payments were the sole evidence the JSC could find that would warrant an extra charge being laid against him, on top of him meeting Aiyaz Sayed Khaiyum.
7/ Evidently stunned by the DPP’s reinstatement, Nancy Tikoisuva and John Rabuku called for the file that the JSC had used for its prosecution of Christopher Pryde and sat down with the assistant DPPs to pore over its contents.
8/ Within two days, according to Tikoisuva, they found enough evidence of alleged wrongdoing to refer “a great many” other allegations to FICAC, where their close friend, Barbara Malimali, is Commissioner and can be expected to do everything she can to protect their positions.
9/ They are asking the Fijian people to believe that the JSC missed all of this evidence in the SAME FILE after examining it for the best part of two years when the JSC was desperate to nail Christopher Pryde. Are they suggesting that the JSC is incompetent? What skills of analysis and deduction do they have that the senior office of state presiding over the criminal justice system does not have?
10/ We already know without a FICAC investigation that at least some of the alleged evidence Nancy and her team uncovered is false. Christopher Pryde’s contract specifically entitles him to family travel twice a year. That’s what he negotiated and was approved.
11/ Pryde is now on the record denying Nancy Tikoisuva’s other allegations. And given that the JSC has already examined them, we can hardly be blamed for concluding that this has all been fabricated to try to thwart the DPP’s return to Gunu House and protect the positions of those who have seized his seat when they were actually supposed to be keeping it warm.
12/ As soon as the President lifted Christopher Pryde’s suspension and formally reinstated him, Nancy Tikoisuva ceased to be Acting DPP. On that basis, she had no authority in that position to refer him to FICAC. Anyone can lodge a formal complaint to the corruption watchdog but she did so in the capacity of an officer of state who no longer holds that office.
13/ According to a senior legal source, FICAC cannot proceed with its investigation in the name of the ODPP. By presidential order, Christopher Pryde is again the DPP and head of the office. And he is entitled to advise FICAC that the complaint was unlawfully lodged and have it withdrawn.
14/ In any event, the available evidence suggests that this was a desperate ploy by Nancy Tikoisuva and John Rabuku to remain in the top jobs at the ODPP on their exalted salaries in the expectation that they might be disciplined when Pryde returned. He can certainly be expected to demand an explanation from them for their notorious drunken antics at the most recent ODPP’s Conference, which clearly brought the office into disrepute.
15/ So there we have it. Perception is on Christopher Pryde’s side. But more importantly so is the law. However much the iTaukei hierarchy in government and the offices of state wanted to see Pryde gone, the law has taken its course. The Constitution required that he be reinstated if absolved of the charges against him and that is what has happened. And for Nancy Tikoisuva and John Rabuka to try to thwart that process and usurp the DPP’s powers is mutiny and an attempted coup.
16/ Christopher Pryde will be returning to Gunu House next Monday whether they like it or not. After that – if the law is to be upheld – their fate is in his hands whether they like it or not because he has the sole legal authority to hire and fire at the ODPP. And any interference from higher up will be seen for what it is – an unlawful attempt to overturn the Tribunal’s fundings and the President’s decision to reinstate.
17/ What will Christopher Pryde find when he returns? He suggests in his most recent statement that he suspects that Nancy Tikoisuva and John Rabuku may have something to hide. Is this FICAC referral an attempted cover-up? Have things been done in Pryde’s absence that shouldn’t have been done? Appearing in a video drunk at the taxpayer’s expense is one thing. But has the independence of the ODPP been subverted? Is this why Nancy Tikoisuva looks so worried?
The Prime Minister takes it upon himself to raise the “upheaval” at the ODPP at the Constitutional Offices Commission. Why? It has no jurisdiction. More muddle-headed decision making at the top.
What have they been up to in the DPP’s absence? We know it is a clique of close friends. But has it been something more insidious?
And how is the FICAC Commissioner “independent” when she is a close friend of the Deputy DPP and was seen with him in public when he was investigating her for alleged abuse of office?
There has been a serious breakdown of proper conduct.
The DPP’s powers under the Constitution…
And why the “Crooning Stallion” and wine- loving Nancy’s party is over.
It just stinks. Those two must still be drunk from the parties they were having leading up to Christmas. They must be cooking up something.
These kinds of developments is a negative image on the Coalition, they need to get their ship in order. Embarrassment one after the other.
…is a negative image on the coalition…?
We have another contender for understatement of the year.
So a senior head of a department can advise FICAC to withdraw a charge against him or her? Mate, your legal source is as faulty as the whole lot of the JSC and ODPP put together. No wonder Fiji is not short of drama, too may lawyer know it alls too willing to open their mouths and spit out stupid analysis.
And you have displayed your own ignorance of the law by describing the ODPP as a “government department”. It is an independent office of state, not part of the civil service.
I am advised that the law is as I have reported it. Nancy Tikoisuva can lodge a complaint with FICAC like any individual. But not as Acting DPP without consulting the substantive holder of the position. My regrets that this opinion doesn’t meet with your approval.
Ok. But it appears to me that Mr Pryde might do better to resign and take his money and keep his record intact.
These guys obviously do not want him back as they haven’t forgiven him for putting through trumped charges against Qarase in front of a hand picked Judge. They will find a way to nail him and he would be better off staying away from Fiji.
Trumped up charges against Qarase…😁😆😁😆😉
Sorry dude, but Qarase was guilty and your or that poor sad sob story in the form of his book is not going to change that.
vinaka…similar to what Puleiwai did after Malimali was already appointed….
Prayers will not work as the SMT’s latest actions and pursuits are unethical and illegitimate, thus wicked. Rambo and his stooges are very well taking Fiji back to the dark ages. So the last resort for all those iTaukei SMT members could be to jadhoo the thief. No Other Way, as Rambo had penned post-1987. After all, this evil practice is prevalent across the country, in villages, settlements, families and even in churches. Joke around the tanoa is if that practice can be digitized. Isa, the much acclaimed Israelites!
Looks like a case of caged dogs fighting back. And so they should as the iTaukei reputation is on the line.
They are fighting for their God-given rights in their own land.
I think these rights entitles them to behave like donkeys….in their own land to repel the vulagi. They are all following the highest standards. Just ask them.
Where are all the “prominent lawyers” in Fiji when it comes to these things? They are silent “without prejudice” . Many must be thinking of migrating before the next election comes along.
All of those concerned in this new set of trumped up allegations must be immediately removed from their positions and investigated and prosecuted.
They have no right to be in that office as they were not appointed by Mr Pryde.
They must, after a thorough look into what they are hiding, be held accountable for the this latest attempt to further disrupt the running of an office of state that has been in utter chaos for the last two years, whilst Mr Pryde was suspended, not fired, and has been rightly instated to return to the job of cleaning out the office of the filth that has built up in his absence.
Anything less is unacceptable.
This two should start planting cassava from Saturday because they can’t face Pryde and they might use these planting skills in Naboro 😂😂
Bloody losers
She mentioned a “whistle blower protection policy” multiple times in yesterday’s interview with FT. Likely relying on that to protect themselves when Pryde returns.
Whose whistle did she blow?
Whistle blower protection is only applicable to disclosures made in good faith and without malice which I struggle to think will be applicable.
What idiots.
If I were them, I would OLIVIA POPE this sh*t and anonymously leak all these out to all the media outlets at their disposal for some scathing opinions and let them have a field day with all this “whistleblower” complaint., then sit back and act like they don’t know anything.
Whoever at Gunu house who had a hand in this should start packing. Chrissy is coming and they’re going!
Whistleblower policy my foot! What moral high ground are they trying to stand on here? It definitely isn’t high enough! You don’t rant out on your “boss” and expect to have a job.. my guess is they’re out! Unless someone decides to wield power and move some chess pieces, they might still be there! but Gosh! who wants to work in such a hostile working environment. Gotta give it to Chrissy, despite all this “storm in a teacup, he back BACK! Vinaka Fiji, This is definitely not who we voted for.
Oh, what a tangled web we weave! If these charges don’t stick, we absolutely must roll out the red carpet for a grand investigation into everyone the dynamic duo ever prosecuted. I mean, if they’re capable of pulling off something of this magnitude and getting the DPP itself under scrutiny, who’s to say they didn’t sprinkle a little creative flair into their prosecutions? After all, fairness must be their middle name, right?
And let’s not forget, the prosecuting authorities dabbling in dirty tactics? Groundbreaking. It’s almost poetic—first, Barbwire’s appointment gets the spotlight, and now these two waltz in with their pièce de résistance of “investigations.” Bravo! Talk about nailing their own coffins shut with flair. Every dog does have its day, and it seems these ones might just have RSVP’d for theirs. 🎭
The returning DPP will need to move decisively to stop this band of insurrectionists from destroying the office.
They have no shame and believe in their own opinion, which any lawyer of substance will tell them representing yourself is having a fool for a client.
As for the senile PM and his mutterings about the Constitution Officers Commission he has again shown himself to be incompetent! The DPP is appointed by the President on the advice of the Judicial Services Commission! See s.117 of the Constitution below for the full substance of the DPP powers:
Director of Public Prosecutions
117.—(1) The Office of the Director of Public Prosecutions established under the State Services Decree 2009 continues in existence.
(2) The Director of Public Prosecutions must be a person who is qualified to be appointed as a Judge.
(3) The Director of Public Prosecutions shall be appointed by the President on the recommendation of the Judicial Service Commission following consultation by the Judicial Service Commission with the Attorney-General.
(4) The President may, on the recommendation of the Judicial Service Commission following consultation by it with the Attorney-General, appoint a person to act as the Director of Public Prosecutions during any period or during all periods, when the Office of the Director of Public Prosecutions is vacant or when the Director of Public
Prosecutions is absent from duty or from Fiji or is, for any reason, unable to perform the functions of office.
(5) The Director of Public Prosecutions shall be appointed for a term of 7 years and is eligible for reappointment, and shall be paid such remuneration as determined by the Judicial Service Commission in consultation
with the Attorney-General provided however that such remuneration shall not be less than that payable to a Judge of the High Court and any such remuneration must not be varied to his or her disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the State.
(6) The Director of Public Prosecutions may be removed from office for inability to perform the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and may not otherwise be removed.
(7) The procedure for removal of the Director of Public Prosecutions from office shall be the same as the procedure for removal of a judicial officer under section 112.
(8) The Director of Public Prosecutions may—
(a) institute and conduct criminal proceedings;
(b) take over criminal proceedings that have been instituted by another person or authority (except proceedings instituted by the Fiji Independent Commission Against Corruption);
(c) discontinue, at any stage before judgment is delivered, criminal proceedings instituted or conducted by the Director of Public Prosecutions or another person or authority (except proceedings instituted or conducted by the Fiji Independent Commission Against Corruption); and
(d) intervene in proceedings that raise a question of public interest that may affect the conduct of criminal proceedings or criminal investigations.
(9) The powers of the Director of Public Prosecutions may be exercised by the Director personally, or through other persons acting on the Director’s instructions.
(10) In the exercise of the powers conferred under this section, the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority, except by a court of law or as otherwise prescribed by this Constitution or a written law.
(11) The Director of Public Prosecutions may appoint any legal practitioner whether from Fiji or from another country to be a public prosecutor for the purposes of any criminal proceeding.
(12) The Director of Public Prosecutions shall have the authority to appoint, remove and institute disciplinary action against all staff (including administrative staff) in the Office of the Director of Public Prosecutions.
(13) The Director of Public Prosecutions has the authority to determine all matters pertaining to the employment of all staff in the Office of the Director of Public Prosecutions, including—
(a) the terms and conditions of employment;
(b) the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;
(c) the salaries, benefits and allowances payable, in accordance with the budget as approved by Parliament; and
(d) the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by Parliament.
(14) The salaries, benefits and allowances payable to any person employed in the Office of the Director of Public Prosecutions are a charge on the Consolidated Fund.
(15) Parliament shall ensure that adequate funding and resources are made available to the Office of the Director of Public Prosecutions, to enable it to independently and effectively exercise its powers and perform its functions and duties.
(16) In this section, “criminal proceedings” means criminal proceedings before any court of law (other than a military court), and includes an appeal, case stated or question of law reserved.
I have been following this issue with gusto. Even Shakespeare could not have a better tragedy.
For public servants who work in a nuanced manner…these 2 are village idiots with a paper from university. Probably funded by Fijian tax payers since they started their education and this is the quality of return of that investment!
Trust is core in any organisation. The current leadership has eroded any trust citizens may have had in the ODPP. Since Pryde’s removal, it has all been about personal protection of positions from within by a certain cabal.
Going forward, for the DPP to be able to be able function independently and perform his role, the only solution is termination of those who cannot be trusted and have shown a lack of understanding of the law. The Constitution is very clear.
Will the Fiji Law Society look into its membership bringing disrepute to the profession? Sure looks like it from where many of us sit.
Reade Fong: Hear! Hear!
A whistleblower policy definitely covers the complainant.
But the repercussions for a false accusation under the policy are severe, so if Tikoisuva and Rabuku are relying on this useless policy to save them, it will be them who will need to do some “blowing” when this latest attempt by them to save their jobs will fall flat after Chris returns to his office.
Tikoisuva and Rabuku are desperate to keep that fat pay they’re both getting and continue their corrupt actions with the DPP’s office.
Someone mentioned Tikoisuva and Rabuku need to start planting cassava. I believe this is true because when this latest stupidity on their part falls flat, someone will be planting cassavas into them.
They should do the honorable thing and resign. But then again, neither have any moral standards, professional ethics or even a shred of decency.
Siromi is the man responsible for this whole fiasco and he has to be taken to task. Remove boundaries from some people and you truly see the clouds in their heads.
Nancy, John, Barbara, PM, Justice Minister, CJ and the President should have been chained to the deck of “Puamau” when it sank in Lau waters.
The incompetence, unprofessionalism, crass, arrogance and moral bankruptcy in these idiots is unfathomable. They need to go and thank you Graham for your investigative journalism.
What I do not understand is why Nancy thinks she can continue to be Acting DPP when Chris has been reinstated! The day the President lifted his suspension and put into effect his contract, Nancy could not longer hold the position of Acting DPP.
THERE CANNOT BE AN ACTING DPP WHEN THE SUBSTANTIVE IS THERE. Just because Chris is not in his office, it does not mean that the Acting appointee continues. Acting appointments can only be made when the President appoints a person in line with the following:
“The President may, on the recommendation of the Judicial Services Commission following consultation by it with the Attorney-General, appoint a person to act as the Director of Public Prosecutions during any period or during all periods, when the office of the Director of Public Prosecutions is vacant or when the Director of Public Prosecutions is absent from duty or from Fiji or is, for any reason, unable to perform the functions of office.”
The office of the DPP is not vacant. It has a substantive appointee. Chris is not absent from duty or from Fiji. He was suspended and his suspension has now been lifted. He is not for any reason, unable to perform the functions of his office.
Why then is Nancy the Acting DPP? She cannot continue to hold this post from the day the President lifted the DPP’s suspension!
What utter rubbish. Nancy, Laisani, Rabuku, Meli and Paulini should all go home!
This is like a comic book I used to read in the front row of the Lilac theatre as a kid, looking forward to the next episode in the next book!
They do not have the authority to make the referral to FICAC. The REINSTATED DPP has a good basis to sack them. He needs a fresh team anyway, not ongoing lawfare attacks on a person or sabotage efforts. Looks as though they have been watching all the witch-hunt antics against President elect Trump and President Biden’s chaotic departure.
I am sure that is the advice he is getting. All these appointments are now under the control of DDP Pryde. Review and fire all of them and do the country and the judicial system some justice against utter incompetence which spread like mould.
Clearly dim-witted Nancy is in thrall of her drinking mate, Rabuku, and his karaoke skills. She even went to the extent of giving him the deputy DPP position, even though he is a disgraced lawyer. This is the caliber of these people. All they are good for is drinking and partying at state expense. This is the caliber of the ODPP. The office is a national disgrace as it stands. With friends like Rabuku, Nancy doesn’t need enemies. She doesn’t realise because she is blinded by her stupid loyalty to Rabuku. She is more loyal to Rabuku than to her job. She has paid a heavy price for it already . Her credibility is torn to shreds and now she may even lose her job.
Mass exodus will continue because the swamp and stink gets more extreme. Soon the only people really left in Fiji will be the 37 cabinet members and right wing ultra nationalists. Good luck Viti!
Wylie Clark seems to have suddenly woken up and sees it appropriate to comment on the recent complaint lodged by Nancy the nutcase against Pryde.
Makes you wonder where Clark was all this time. No doubt he is trying to play his cards right by now trying to get into the good books of Pryde knowing that he will be back in office. Clark will suck up to Pryde and pretend that he was supportive all along. BULLSHIT.
Clark was an active player in all of this and was at the forefront to “rescue” Barbara the bhaluu (Bear) when she was arrested. Clark knew very well the players and actors behind Barbara’s appointment yet he actively and intently sided with them.
Note to Pryde…trust no one once you get into that office on Monday. You know very well who supported you and those who will now pretend to be your friend. Be wary of people like Clark, Jon Apted, Richard the dickhead Naidu, the new Police Commissioner, Director Legal Aid, AG, SG, CJ etc, and even those within the DPP office. You are the lone wolf at the moment and you’ll do a damn good job alone.
Get in, clean up, and start afresh. You’ve got nothing to lose but everything to gain.
A new season of drama unfolds from next week from Gunu House.
GD. These people feel so entitled that in their desperation to protect their new unentitled positions they are willing to disregard any rule or law and maybe even resort to violence irrespective of any negative consequences or embaressment to their reputations and careers.
They are not worried about disregarding any rule or law.
All of them will land plum jobs claiming victimhood.
Agencies like the UN or one of the small island states paid for by ausaid or nzaid. PIF and SPC are welcoming and generous places.
However, no need to fret as far as they are concerned. CP will lose.
It’s really as simple as monkey see, monkey do at the moment in Fiji.
This pile of garbage has grown from the top down.
After voting for the coalition government last election, the best decision I made was to leave Fiji and move overseas.
I dont know how i would have tolerated this pile of shit from the Coalition living in Fiji. I feel like vomitting every time i read what’s going on.
Truly we voted for dogs in the last elections and they are ripping fiji to pieces.