The Director of Public Prosecutions, Christopher Pryde says the Office of the DPP is a constitutional office of the State established under the Constitution, and is an independent and non-political office.
Pryde says a statement released by opposition MP, Mosese Bulitavu, included the Office of the Director of Public Prosecutions, amongst others, as part of nine ministerial portfolios held by the Attorney‑General. This was also repeated in parliament by Opposition Leader, Ro Teimumu Kepa.
The DPP says the statement implies that the Office of the DPP comes under the direct control or direction of the Attorney‑General.
Pryde says this is not correct.
He says the functions of the Office of the DPP are performed by a DPP appointed for a 7‑year period by the Judicial Services Commission chaired by the Chief Justice.
The DPP does not report to the Attorney‑General or to any member of government other than through official briefings from time to time on administrative or budgetary issues.
As far as criminal prosecutions are concerned, the Constitution states that it is the DPP that is the sole authority (other than specialist prosecutions brought by FICAC) in deciding whether to initiate or terminate criminal proceedings.
That decision is made according to the sufficiency of evidence and whether it is in the public interest.
A decision to prosecute or to discontinue criminal proceedings is made by the DPP alone and without reference to or in consultation with the Attorney‑General or any other Minister or Government entity.
