The Fiji Times

Lawyers speak out

- By FELIX CHAUDHARY

LAWYERS for National Federation Party (NFP) leader Professor Biman Prasad say they are “deeply concerned” at the way Police Commission­er Brigadier-General Sitiveni Qiliho publicised the decision of Director of Public Prosecutio­ns (DPP) Christophe­r Pryde to direct the withdrawal of “indecently insulting or annoying any person” charges brought against Prof Prasad earlier this week.

AK Lawyers said they were particular­ly concerned that the Commission­er said the process adopted by the DPP’s office was “unpreceden­ted”.

“Our firm is of the opinion that the only matter that was ‘unpreceden­ted’ was the (police) Commission­er’s decision to hold a media conference to undermine and question the constituti­onal prosecutor­ial authority of Fiji,” stated AK Lawyers in a statement issued yesterday.

“This is particular­ly so when his own department had sought advice and an opinion of the ODPP.” The lawyers said they were also concerned that the Commission­er’s press conference was an attempt to portray the Prof Prasad as “using questionab­le means to evade prosecutio­n”.

AK Lawers said Mr Qiliho “ought to have been aware” that they had issued defamation proceeding­s against both Mr Hiroshi Taniguchi, a former NFP election candidate, and the Fiji Broadcasti­ng Corporatio­n (FBC) for publicatio­n of “false and defamatory” statements made by Mr Taniguchi to FBC.

“These allegation­s related to his wife, Mrs Ari Taniguchi, purportedl­y from communicat­ions exchanged between her and Professor Prasad earlier this year” – which was “widely broadcast by FBC and other media outlets,” they said.

They said the Commission­er would have become immediatel­y aware of the “subsequent and inconsiste­nt” allegation­s being made by Mrs Taniguchi when she lodged her complaint to the police.

The law firm said that despite this knowledge, police interviewe­d Professor Prasad, who was accompanie­d by a partner of Suva law firm Munro Leys, because a lawyer from AK Lawyers could not come from Nadi to Suva on time.

“On completion of the caution interview, Professor Prasad was charged by police for ‘indecently insulting or annoying any person’ and released on police bail to appear on November 15, 2022 at the Suva Magistrate’s Court.”

AK Lawyers stated after being apprised of the facts and content of the interview by Prof Prasad, they advised him that the charges would not stand the scrutiny of a court trial, “and the prosecutio­n would fail”.

The lawyers said their advice to Prof Prasad was to make representa­tions to the ODPP not to proceed with the contemplat­ed charges.

This was, they said, something they had done “in appropriat­e cases, over the last 40plus years”.

“This is an accepted practice adopted by most criminal law practition­ers, both in Fiji and other jurisdicti­ons.”

AK Lawyers stated it was incorrect for the Commission­er to say that the “DPP’s Office contacted Prof Prasad through his lawyers”.

“On the contrary, our firm had made written submission­s and representa­tions on its own initiative, to the ODPP on October 31, 2022.”

AK Lawyers said they “will not comment on any evidence that was selectivel­y revealed to the public as there is a matter currently pending in Court and therefore sub judice”.

 ?? Picture: ELIKI NUKUITABU ?? NFP leader Biman Prasad during an interview
at their headquarte­rs
in Suva last Friday.
Picture: ELIKI NUKUITABU NFP leader Biman Prasad during an interview at their headquarte­rs in Suva last Friday.

Newspapers in English

Newspapers from Fiji