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ABC News
ABC News
National
By Marian Faa and foreign affairs reporter Stephen Dziedzic

Fiji's top cop and public prosecutor clash over decision to drop charges against opposition MP ahead of election

An extraordinary stoush has erupted between Fiji's police commissioner and director of public prosecutions (DPP), just weeks out from the country's national election.

The dispute surrounds charges laid against high-profile opposition MP Biman Prasad, who was last month accused of "insulting the modesty" of another politician's wife.

Police alleged Professor Prasad, leader of the National Federation Party (NFP), forcefully hugged Ari Taniguchi and attempted to kiss her on the lips.

Ms Taniguchi is married to former NFP provisional candidate Hiroshi Taniguchi, who was expelled from the party in September after making statements the NFP disagreed with.

The DPP this week instructed police to drop the charges against Professor Prasad on the basis there was insufficient evidence.

In a press conference live-streamed on the government's Facebook page on Wednesday, Police Commissioner Sitiveni Qiliho lashed out at the DPP, Christopher Pryde, accusing him of assessing the charges within "a political prism".

"We are of the view that the DPP's decision deviated from the principle of assessing each case on its merits, devoid of personality, social status or politics," he said.

He said Ms Taniguchi "felt very disturbed with this pattern of intrusive behaviour".

The commissioner said the DPP's decision to throw out the charges would undermine the public's confidence in reporting matters of sexual impropriety.

'Insufficient reliable and credible evidence'

On Thursday the DPP hit back, categorically rejecting the police commissioner's claims.

Christopher Pryde said the decision to drop the case was made after a comprehensive review of the evidence and defences available to Professor Prasad.

"It had been decided that there was insufficient reliable and credible evidence in the docket for a reasonable prospect of conviction, were the matter to proceed to court," Mr Pryde said.

"At no time was the evidence assessed with regard to politics or the status of the suspect."

After directing that the charges be thrown out, Mr Pryde said he received a call from the police commissioner, who was in "a very agitated state".

"He told me that I had to charge and could not understand why I would not and accused me of making a decision to favour NGOs or some other miscellaneous human rights groups," he said.

Mr Pryde said the commissioner's actions were an "extraordinary display of petulance".

"The [office of the] DPP are the legal advisors to the police," he said.

"It is not good enough for the police commissioner to conduct what can only by regarded as a self-serving trial-by-media where he cuts and pastes parts of the police file."

Mr Pryde said the DPP would not file court cases "just for the sake of it or to please someone or to send a message".

Concerns in Australia?

Greens Senator Jordon Steele-John used a Senate estimates hearing in Canberra on Thursday to press senior Department of Foreign Affairs and Trade (DFAT) officials about the controversy.

"Does Australia have any concerns about the weaponisation of legal processes against (a) political opponent?" he asked.

"We're one month away from the Fiji election."

But DFAT officials refused to be drawn on the issue, saying it was a matter for Fiji authorities.

Foreign Minister Penny Wong also trod carefully, telling the committee that Australia's "general principle" was "obviously that it supports the application and the exercise of the rule of law".

"[There are] different perspectives, different legal systems, different constitutional systems, in many of the countries we engage with," Senator Wong said.

'An attempt to pressure state authorities'

Jon Fraenkel, an expert in Fijian politics from Victoria University, said the tussle was highly significant, with Fiji's election just around the corner.

As leader of the NFP, Professor Prasad is among a string of high-profile opposition candidates fighting to topple the incumbent government.

Professor Fraenkel said there had been a series of litigations against political opponents in the lead up to polling on December 14.

"By my count, there's three so far that have been convicted of pretty minor misdemeanours. And there are another two similar cases in the pipeline," he said.

"There are a lot of attempts to use the law to target opposition figures in this election, which is not really healthy.

"I think there is an attempt to pressure state authorities in order to launch these prosecutions, but it would be better if those who wish to see the incumbent government returned, instead did so on the campaign trail."

Professor Fraenkel said it was unwise to query the DPP's decision.

"If anything, the pressure on the Director of Public Prosecutions office would have been to prosecute, whereas they've clearly looked at the case and decided that there is no basis for these charges," he said.

Professor Fraenkel is a former colleague of Professor Prasad, who was a lecturer in economics at the University of the South Pacific until 2014.

"I know him reasonably well, I find these claims extremely unlikely and implausible," Professor Fraenkel said.

In an interview with Pacific Beat on Wednesday, Professor Prasad said he intended to put the matter behind him and focus on contesting Fiji's national election.

"We are working hard to be in government with the People's Alliance Party and the partnership that we have forged is a real choice for the people of Fiji," he said.

Professor Prasad has filed defamation proceedings against Ms Taniguchi and the Fijian Broadcasting Corporation in relation to the allegations made against him.

The ABC does not claim that the allegations against Mr Prasad are true, just that they have been made.  

Professor Prasad's lawyers also intend to make a statement regarding the police prosecutor's comment in the coming days, the ABC understands .

The police commissioner and the prime minister have been approached for comment. 

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