Lawyers must be the first to uphold the rule of law, stated International Human Rights lawyer Imrana Jalal in response to acting Director of Public Prosecutions John Rabuku’s refusal to step down after a Supreme Court opinion deemed him ineligible for the position.
Ms. Jalal described his refusal as a “complete violation of the rule of law.”
“I would have packed my bags the day the Supreme Court’s opinion was issued, maintaining my dignity and shaking hands with my colleagues at the ODPP,” she said. “That is a dignified exit. This is not a dignified exit.”
“The Supreme Court is the highest authority in Fiji, above the Judicial and Legal Services Commission, any government official, tribunal, commission, or even the Prime Minister. There is nothing beyond the Supreme Court,” she emphasized.
Ms. Jalal warned that any lawyer who ignores a legal opinion, ruling, or directive, regardless of its form, does more harm to the rule of law.
“It undermines the system that provides the framework for us lawyers to function. How can we expect the public to respect the rule of law if we ourselves don’t respect it? The previous government did enough damage to the rule of law over 16 years, and now further damage is being done. I weep for the rule of law in Fiji.”
Mr. Rabuku responded by stating that Attorney-General Graham Leung and Fiji Law Society president Wylie Clarke had no authority to demand his resignation.