Attorney-General Graham Leung has urged the acting Director of Public Prosecutions, John Rabuku, to resign following a Supreme Court opinion that Rabuku is not eligible for judicial appointment. The Court’s opinion is based on Section 105(2)(b) of the Constitution, which disqualifies individuals who have been sanctioned for professional misconduct in disciplinary proceedings.
“It is regretted that the Acting Director of Public Prosecutions has chosen to remain in office following the opinion of the Supreme Court,” Mr. Leung stated. “He should do the honourable thing and step aside. The office is bigger than the individual.”
The Supreme Court highlighted that John Rabuku was previously sanctioned by the Independent Legal Services Commission for professional misconduct. He received a public reprimand, a three-month suspension from practice, and a fine of $500.
The Cabinet had sought the Supreme Court’s opinion on the interpretation and application of sections 105(2), 116(4), and 117(2) of the 2013 Constitution regarding such appointments.