DPP stresses he alone has the power to withdraw charges

The Director of Public Prosecutions has stressed that he alone has the power to withdraw charges.

Christopher Pryde responded to a report in the dailies today where Fiji Women’s Crisis Centre Coordinator Shamima Ali is quoted saying that police are often helpless when women report their husbands and after they do the work, the women withdraw the charges.

However, Pryde said that once a complaint has been made to the Police and a charge filed in court, it is the Director of Public Prosecutions alone and not the victim that has the power to withdraw a charge.

He added charges are only laid against a person if there is a reasonable prospect of a conviction in court.

Pryde said all cases of rape are reviewed by the DPP’s Office and women can be assured that if they make a complaint of sexual assault against anyone, including a husband, their complaint will be taken seriously and they will be supported in their decision.

He further said once those charges are laid, the complainant needs to go to court and give evidence.

He added offences such as rape are not reconcilable offences which means that forgiving a suspect and then wanting to withdraw the charge is not an option.

Pryde also said that rape is an extremely serious charge and it would be only in exceptional circumstances that they would allow a charge of rape to be withdrawn once it is before the courts.

Pryde has assured women that are victims of domestic violence that there are procedures under Fijian laws such as the Criminal Procedure Decree and Domestic Violence Decree that can be implemented to protect them.

He added these procedures include measures such as restraining orders against the accused and name suppression in court.

The State is also able to assist victims in terms of witness allowances and referrals to counselors.