High Court sets December ruling on Pryde’s judicial review request

The Civil High Court in Suva will rule on suspended Director of Public Prosecutions Christopher Pryde’s leave application for a judicial review of his suspended salary and benefits.

In the application, Mr Pryde is challenging the suspension of his salary and benefits, which was endorsed by the President on the advice of the Judicial Service Commission (JSC) in July this year.

He argued that the JSC failed to give him a hearing, that the suspension was inconsistent with the presumption of innocence, and that the commission did not properly assess complaints against him as required under the Constitution.

Mr Pryde contended the action contravened section 117(5) of the Constitution, which prevents the Director of Public Prosecutions’ remuneration from being reduced except as part of a general austerity measure.

He further argued that the suspension breached section 16(1)(a) of the Constitution, which requires administrative action to be lawful, rational, proportionate, and procedurally fair.

He said the President’s decision to suspend his salary was taken ultra vires, particularly given the Commission’s alleged failure to act on the complaints or convene a tribunal.

Should leave be granted, Mr Pryde and his lawyers are seeking:

• an order quashing the Commission’s recommendation and the President’s decision to suspend his salary and benefits;
• an order directing the President to lift the suspension immediately;
• an order stopping any further implementation of the July decision; and
• a declaration that the decisions of the JSC and the President were unlawful, unconstitutional, and void.

His lawyer, Ashnil Narayan of AK Lawyers, has also filed an ex parte application seeking a stay of the suspension and the restoration of his salary and benefits until the judicial review is finalised.

During yesterday’s proceedings, both parties agreed to make simultaneous submissions on the leave application before Justice Savenaca Banuve issues a ruling on December 22.