Legal opinion sought on ODPP decision on CoI matters

Acting Prime Minister Filimmoni Vosarogo has requested a legal review of a recent decision by the Office of the Director of Public Prosecutions (ODPP) concerning complaints linked to the Commission of Inquiry (CoI). 

The ODPP confirmed last week that it has concluded there is insufficient evidence to support criminal charges arising from complaints associated with the CoI report. 

In a statement, the ODPP said it had completed its assessment of 12 files that were submitted by the Fiji Police Force for legal advice in 2023. 

The ODPP reported that one of those files relating to State v Barbara Malimali was closed and returned earlier with a decision not to proceed with charges, citing insufficient evidence to meet the criminal standard of proof. 

Following the ODPP’s announcement, Mr Vosarogo said he has asked the Solicitor General to examine the potential legal implications of the decision, particularly as it may relate to other matters now before the courts. 

The Solicitor General has been tasked with providing a legal opinion to the PM’s Office. 

Mr Vosarogo stressed that the request for legal advice is being made without prejudice, noting that the issues involved remain in live matters before the courts and must be treated with due legal caution. 

The CoI was established to investigate issues of significant public interest, and its findings have drawn national attention due to their legal and political implications. While the CoI can make findings and recommendations, the responsibility for determining whether criminal charges should be laid rests with the ODPP, which must assess whether the available evidence meets the required legal threshold.