A tribunal report looking into allegations against suspended Director of Public Prosecutions Christopher Pryde is expected to be forwarded to President Ratu Wiliame Katonivere on or before September 23, 2024.
Judicial Services Commission (JSC) chairman, and Acting Chief Justice Salesi Temo confirmed this via a statement yesterday, saying the suspended DPP was already put on notice of the intended hearing date scheduled from 19 to 30 August 2024.
Justice Temo also said the JSC had referred a further complaint against the suspended DPP, which alleged unlawful payment of benefits under his contract that amounted to approximately $288,999.13.
He explained that the DPP was appointed under section 117 (3) of the Constitution by the President on the recommendation of the JSC after consultations with the Attorney-General.
He said section 117 (6) set out the two grounds under which the DPP may be removed from office. These were: for an 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.
“The procedure for the removal of the DPP from the office is the same as that of the removal of judicial officers under section 112 of the Constitution,” he said.
“A tribunal is only appointed under section 112 (3) (a) (i) if the JSC considers the question of removing the DPP from the office ought to be investigated.
“The tribunal is required, upon completion of its investigation, to submit a written report of its finding to the President and at the same time, advise the President of its recommendation whether or not the DPP should be removed from the office.
“The tribunal had already began its work from February 2024 and had several pre-hearing meetings with the DPP’s counsel.”
He said the JSC had recommended, and the President had agreed, that the DPP’s salary be suspended pending the findings of the tribunal. Justice Temo said the suspended DPP was advised of these actions.
“The JSC respects the rights and freedom of the press in covering the above matter, but the JSC had to restrain itself from commenting on the matter as it is subjudice before the Presidential Tribunal.”
In response, Mr Pryde said the decision by the JSC to recommend the suspension of his salary was made unilaterally on July 9, 2024, on the basis that he should not have received any superannuation payments.
He said this was a matter that was yet to be decided by the tribunal and the JSC was pre-empting the findings of the tribunal.
Mr Pryde also said he was not given an opportunity to challenge the suspension of his salary, which given the circumstances, was a clear breach of natural justice.
