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(c) discontinue, at any stage before judgment is delivered, criminal proceedings
instituted or conducted by the Director of Public Prosecutions or another
person or authority (except proceedings instituted or conducted by the Fiji
Independent Commission Against Corruption); and
(d) intervene in proceedings that raise a question of public interest that may
affect the conduct of criminal proceedings or criminal investigations.
(9) The powers of the Director of Public Prosecutions may be exercised by the
Director personally, or through other persons acting on the Director’s instructions.
(10) In the exercise of the powers conferred under this section, the Director of
Public Prosecutions shall not be subject to the direction or control of any other person
or authority, except by a court of law or as otherwise prescribed by this Constitution or
a written law.
(11) The Director of Public Prosecutions may appoint any legal practitioner
whether from Fiji or from another country to be a public prosecutor for the purposes of
any criminal proceeding.
(12) The Director of Public Prosecutions shall have the authority to appoint,
remove and institute disciplinary action against all staff (including administrative staff)
in the office of the Director of Public Prosecutions.
(13) The Director of Public Prosecutions has the authority to determine all
matters pertaining to the employment of all staff in the office of the Director of Public
Prosecutions, including—
(a) the terms and conditions of employment;
(b) the qualification requirements for appointment and the process to be
followed for appointment, which must be an open, transparent and
competitive selection process based on merit;
(c) the salaries, benefits and allowances payable, in accordance with its budget
as approved by Parliament; and
(d) the total establishment or the total number of staff that are required to be
appointed, in accordance with the budget as approved by Parliament.
(14) The salaries, benefits and allowances payable to any person employed in the
office of the Director of Public Prosecutions are a charge on the Consolidated Fund.
(15) Parliament shall ensure that adequate funding and resources are made available
to the office of the Director of Public Prosecutions, to enable it to independently and
effectively exercise its powers and perform its functions and duties.
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