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Regarding comments made by the Reserve Bank of Fiji Governor and the Fiji Intelligence Unit before the Parliamentary Standing Committee concerning the capacity of the ODPP to prosecute complex financial and cybercrime matters, the ODPP considers it important to clarify the record.

This is particularly where statements made about the prosecution of financial crime may give the impression that difficulties or delays in bringing matters before the courts are due to a lack of capacity, expertise, or personnel within the office.

The ODPP says it is staffed by prosecutors with the requisite skills and experience to deal with these cases, including financial and economic offending.

It has a dedicated Serious Fraud Division staffed by capable prosecutors tasked with prosecuting such offences.

The ODPP’s role in the criminal justice process must also be distinguished from that of the Financial Intelligence Unit.

It says the FIU performs an important role within Fiji’s financial crime framework, particularly in receiving, analysing, and disseminating financial intelligence to relevant authorities.

However, financial intelligence is not admissible evidence required to prove a criminal offence in court.

The ODPP, in determining whether a prosecution can properly be instituted and sustained, must consider whether the evidence gathered through investigations meets the legal threshold.

It stresses that delays in any case stem from a combination of factors, including the availability of witnesses, the complexity of evidence, investigation progress, court scheduling constraints, and other circumstances beyond the control of the prosecution.

The ODPP is therefore concerned by suggestions that its effectiveness or capacity can be assessed without reference to the nature and circumstances of individual cases, the

evidence available, or the broader criminal justice process.

The ODPP remains committed to fulfilling its constitutional and statutory responsibilities independently and professionally. It will continue working with relevant agencies to ensure that where there is sufficient evidence to support criminal charges, those matters are appropriately prosecuted.