Supended Director of Public Prosecutions Christopher Pryde had no right to take $US1000 ($2200) per month in superannuation without authorisation from the Attorney-General, and validation from the President as required by law.
Acting Chief Justice Salesi Temo, said this as he took the stand on day three of the tribunal hearing on Mr Pryde’s case at the Court of Appeal in Veiuto, Suva, yesterday.
Mr Temo said the additional payment to his salary should not be included as “overpayment” as mentioned in media outlets but should be termed as “theft”.
“I don’t know who decided to give him that $US1000 superannuation,” Mr Temo said.
“It should’ve gone through the Judicial Services Commission (JSC), then authorised by the attorney-general, and then to the President for validation.
“That process hadn’t gone through, without any authorisation whatsoever.”
He said Mr Pryde “must be a good negotiator” with the government as expatriates working in the Fiji government only get 25 per cent gratuity payment.
“Expats who work in the judiciary don’t fall under FNPF, so they are being paid 25 per cent gratuity at the end of 12 months,” he said.
“He must be a good negotiator with the government to have had $US1000 added to his 25 per cent gratuity payment.”
Meanwhile, Mr Temo questioned a letter Mr Pryde wrote to Tribunal chairman, Justice Anare Tuilevuka on November 25, where he said would not be bullied into participating in a hearing without the ability to adequately defend himself.
“It is axiomatic that I should have the right to adequately defend myself before the Tribunal and it is a clear breach of natural justice to deny me this right,” he wrote.
“In order for the Tribunal to proceed fairly and justly therefore, I once again, strongly request that the Tribunal refer the matter back to His Excellency the President requesting an extension until the matter of the suspension of my salary is resolved by its reinstatement.”
Mr Temo questioned “what is so special about him (Mr Pryde) to put that down as a pre-condition.”
“As the top prosecutor in Fiji, he’s prosecuted a lot of people,” he said.
“He can apply for legal aid, even the constitution says that he has the right to defend himself.”
