Transcript of A-G’s Closing Address at the DPP’s Workshop

The DPP, Commissioner of Police, Brigadier General, Justice Nazhat Shameem and all the participants of the course.

After four days of going through a workshop, the last thing to do on the last day is to hear a very long speech. I am not here to make a long speech but essentially just to tell you some of the key aspects of the reasons why we brought about the three key decrees which you have been studying or going through over the past four days.

As you know the Penal Code has been in Fiji practically for almost 100 years. The Penal Code in fact came from British India and the laws were used in British India as a role model to export to the rest of the colony. So the Penal Code from India was transported to Australia where Queensland had actually inherited the Penal Code and subsequently it had of course come to Fiji and we have had that particular law in place for about a 100 years. 

What the decree does from the key areas; one of them is, it obviously changes rules of criminal responsibility. The rules of criminal responsibility as you know has changed significantly throughout the world not just in the past fifty years but indeed even in five  years. 

Many of you would know , those of you in the cold face of investigation, some of you who are police prosecutors, the DPP’s Office, the army legal services people would know  that if you read up on the law, its moving at such a fast pace and what we were applying and what the Penal Code was applying was in fact completely out of sink.  So for example, self-defence in the Penal Code was essentially defined as common law.

Now the Criminal Decree actually sets out what self-defence is. It defines it,  it defines it as it were in the common law and the various jurisprudence that it developed in the number of years.

Again, homicide for example has now been defined in accordance with international standards. This applies in infanticide, applies to manslaughter. Now whole new offences have been created. 

The offence of larceny, the whole new idea of larceny being something that you picked up and walked away with, it  obviously does not apply any more or does not apply in all instances . I see the police prosecutors shaking their heads because they are the cold face of it. Larceny of course now takes account of modern technology. I can actually steal something by not physically taking it up. I can still steal through the computer; I can change records and move records. I can steal things by a click of a button moving from one account to the other account so again its taking account of the cyberspace , taking account of technology.

We of course now have the new various offences that have been included that makes us compliant with international standards. For example, the rob statute, the international criminal court of justice. Things like genocide, crimes against humanity, sexual servitude and slavery of course are now taken in account in the new decree.

There are of course offences now that have been included like human trafficking that we do not necessarily have any obligation.  We have not ratified any convention that makes us obligated to in fact have those offences in place but we have done so. So it makes us good international citizens and makes us participants of the international community.

By having laws regarding human trafficking, we are also sharing a favourable light by international communities and international agencies.  . So obviously it puts us in a lot better state.

Sexual offences are something that has now become gender neutral. Previously of course we had the very patriarchal notions of sexual offences. It now has become gender neutral. Evidence of previous sexual history is a now not a right as it used be in previous cross–examinations. We have very strict rules around introducing sexual history of offenders. Collaboration is now abolished by law and of course offence of rape not just includes penetration by penis but obviously other objects etc.

These, again puts us in step with modern day law making and modern day laws as we have in other countries including our neighbours.

Criminal Procedure Code which I think is very very important in terms of giving the courts special provisions regarding vulnerable witnesses.

In another example, I have known an 11 year old child in a murder trial in Korovou. There was no specific requirement to have a screen between the accused and the child. I made an application but it was refused because we didn’t actually have any provisions. So the 11- year old girl actually had to face the accused.

Now it makes it a lot easier. It puts an obligation on the legal system to ensure that the vulnerable witnesses are protected. Of course spouses have now become competent and compellable witnesses. Sentencing and penalties decree puts in place a provision where we have consistency in sentencing.

One of things that has always intrigued me, again I would like to go back to my own experiences, I remember prosecuting a person who had stolen roughly $55,000 from one of the companies that he worked for and he ended up getting what I considered a very light sentence because it showed a systematic way of stealing from his employer. It showed a particular level of malice too and he was only given a couple of years of sentence.

At the same time, I remember there was a villager who stole a flip-flop from a tourist who was given nine months sentence in Taveuni by the magistrate. In Ba, at the same time somebody else had stolen something lot more significant than a flip-flop but he was given a suspended sentence. 

When you have such inconsistencies, when you have such disparities in the sentencing regime, it does not instil confidence in the public. The Sentencing and Penalties decree is there to ensure that we have not just in terms of  making your work easier so you have your precedence but its also to ensure that you have confidence in the public regarding the criminal justice system.

So ladies and gentlemen, these are some of the key aspects of the decrees that have been approved by the Cabinet and His Excellency The President and it will now come into force on  the 1^st of February .

I am very very grateful to the DPP for organising this workshop and am sure that you all have benefited from it. I think you have probably benefited lot more, given the fact that the workshop was conducted by Justice Shameem who has been a former prosecutor and a high court judge and she brings with her a wealth of experience. Not just practical experience as a prosecutor but as a judge which brings out some of  the finer points that you would need to know to make your work much easier.

One thing I would like to say I am sure that you all agree with me, that this is not it. It is a continuous learning process. It is a new regime of laws.  You need to constantly update not just your own records, not just access new precedence but also in terms of you updating your own individual selves.

Knowledge is something that you never stop learning, its a constant learning process which we must always adhere to that particular principle.

I congratulate you all. I understand the course is very rewarding.

I wish you all the best in the application of the new decree which comes into force on the 1 February and I look forward to the DPP’ s Office and the respective agencies also that they will constantly and continuously help with upgrading skills.

Thank you very much for your participation.

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