Director of Public Prosecutions Has No Authority to Direct or Supervise Police Investigations

In the ongoing efforts to combat financial scams and corruption in Fiji, it has become clear that the independence of the Police Commissioner in operational matters is constitutionally protected. This means that the Director of Public Prosecutions (DPP) has no authority to direct or supervise police investigations.

The Challenge of Corruption

Corruption, by its very nature, is a secretive and difficult crime to detect. It involves secrecy and concealment, making it challenging for investigators to gather evidence and build a strong case against perpetrators. The lack of skills and resources within the police force for investigating serious fraud and corruption cases only adds to the complexity of the issue.

Need for Collaboration

The DPP’s lack of authority in this regard highlights the need for a more collaborative approach between law enforcement agencies and the prosecution service. This requires effective communication, coordination, and cooperation to ensure that investigations are thorough and successful.

Recommendations

The Commission on Corruption has recommended the establishment of an Independent Anti-Corruption Authority to investigate, educate, and prosecute corruption cases. This body would be subject to independent review and legislative oversight, ensuring that it operates in a transparent and accountable manner.

Government Initiatives

In addition to these initiatives, the Government has committed to fighting corruption through its endorsement of the ADB/OECD Anti-Corruption Initiative for Asia and the Pacific. The initiative promotes transparency and accountability in public service, integrity in business operations, and citizen involvement.

Policies Implemented Since 2003

Several anti-corruption policies have been implemented in Fiji since 2003, including reforms to the public service, establishment of a Financial Intelligence Unit (FIU), and reviews of legislation to strengthen bribery laws.

Creating a Climate Against Corruption

As the Government continues to grapple with corruption, it is essential that it provides a climate that is intolerant of this wider definition of corruption. This can be achieved through:

• Strong political will
• Firm leadership
• Codes of conduct
• An independent commission against corruption
• A free and fair media
• Good accounting practices

Conclusion

Together, these measures and institutions can help create a social and cultural will to combat corruption in Fiji. It is crucial that the Government continues to prioritize anti-corruption efforts and works towards creating a society where corruption is not tolerated.