Audit inquiry led to termination of assistant DPP – Rabuku

ACTING Director of Public Prosecutions John Rabuku says the termination of the employment contract of Assistant Director of Public Prosecutions Elizabeth Rice came about following an audit inquiry into workload disparity between the expatriate and local prosecutors.

Mr Rabuku stated the termination came into effect from January 19 after the Office of Director of Public Prosecutions (ODPP) conducted a full audit of all case files handled by prosecutors at the Suva and Western DPP offices in December 2023.

According to the ODPP, the audit determined that the work of local prosecutors was much more than what Ms Rice handled despite her high salary scale.

“I had two meetings with Ms Rice and indicated to her my decision to terminate her contract with a month’s notice as that is provided for under clause 9 (a) of her contract,” Mr Rabuku said.

“Ms Rice is aware that the termination of her contract is according to the terms she signed on to and it is to allow local prosecutors to move up to the Assistant DPP’s position.”

Mr Rabuku expressed the view that Ms Rice did not display any specialised skills that warranted any further need for her in the ODPP.

“We have the local prosecutorial skills here in Fiji, as we have always had before. I had offered to take Ms Rice on a consultancy basis from time to time on any specialised prosecutorial field or training she can offer us including the restructure of the ODPP into what can become the National Prosecution Service. She has had experience in that.”

According to Mr Rabuku, Ms Rice was provided with an opportunity to resign with immediate effect, and the acting DPP also offered the necessary payments be made out to her, including repatriation back to NZ or UK.

“However, on Friday, January 19, 2024, Ms Rice emailed me that she is not resigning but is (being) forced to resign and therefore that amounts to constructive dismissal.

“All our negotiations therefore fell through including even my offer to her for consultancy work. I therefore terminated her contract forthwith under clause 9 (a) of her Contract of Employment, via email at exactly 3.45pm on Friday, 19th of January 2024, allowing one month’s salary in lieu of notice.”