The Office of the Director of Public Prosecutions (ODPP)
continues to perform its role under its mandate, pursuant to
Section 45 of the Criminal Procedure Act 1972 which is generally to
represent the Republic in criminal proceedings.
As a Section within the DJBC, the ODPP functions in harmony with
the overall Strategic Framework for the Department whereby its
purpose statement is:
The ODPP reviews and where appropriate prosecutes criminal cases
following investigations by police, fisheries and other relevant
agencies and instrumentalities. They are also charged with advising
police and other departments in matters relating to criminal
offences. They consider whether there is sufficient evidence and
assess the public interest related to the matter in order to
determine a requirement for prosecution.
During the reporting period, the ODPP has prosecuted a number of
30 criminal cases resulting in 18 convictions and 12
acquittals.
There are 24 cases at the District Court of Nauru and 38 cases
at the Supreme Court of
Nauru that are pending to be heard and determined.
Three criminal cases on appeal have been heard and resolved at
the Supreme Court and one is pending. Five appeal cases
remain pending at the Nauru Court of Appeal and one is yet to be
listed.
The latter part of 2020 and the beginning of 2021 saw a
significant increase of remand applications which indicates the
increase in bail of applications. This is attributed to the
amendment to the Bail Act 2018 which lists bailable offences that
require proof of the existence of 'exceptional circumstances'.
Seven cases are subject to pre-trial bail applications whilst one
bail application is pending appeal.
The most prevalent offences that are seen in the trend of
criminal statistics are intentionally causing serious harm
and attempted murder.
In late April 2021, ODPP welcomed a new fleet of expatriate
prosecutors to the team. They were admitted to the Nauruan Bar on
18 May 2021 and recently appeared in the Supreme Court of Nauru for
the first time. The lawyers bring with them over two decades of
combined criminal prosecution experience that will benefit our
criminal justice system.
Our Team
| Position |
Name |
| Director of Public Prosecutions |
Ronald Talasasa |
| Principal Public Prosecutor |
Vacant |
| Senior Public Prosecutor |
Francis Diloi |
| Public Prosecutor |
Saif Shah |
| Pledger (Prosecution) |
Vacant |
| Paralegal (Prosecution) |
Kori Itsimaera |
Objectives
- To represent the Republic in criminal proceedings.
Motivation
Prosecution is criminal deterrence.
Strategic Plan Priority Area 4: Cost Cutting
Sectors
Cross-Goal 1
Strengthen Parliament, audit, justice, law, order and border
control.
Achievements
ODPP Handbook
ODPP is working on its Handbook for the Office of the Director
for Public Prosecutions which will set out the general principles
for the initiation and conduct of criminal prosecutions. Over the
recent years, there have been substantive reforms of the criminal
justice system. This includes changes to legislation, case law,
procedures and policies. The Handbook will ensure fair and
effective prosecution that aims to maintain law and order and the
proper functioning of the criminal justice system.
Pacific Island Law Officers Network
Nauru is a member of the Pacific Island's Law Officer's Network
(PILON) along with 19 other Pacific Island countries. PILON's
strategic plan for 2019 to 2021 include action plans involving
corruption, cybercrime and sexual and gender based violence (SGBV)
which all have specific working groups. Nauru is an active member
of all 3.
The Cybercrime Working Group has developed the PILON Mutual
Assistance Handbook: Cybercrime & Electronic Evidence relating
to obtaining material through mutual legal assistance relating to
criminal proceedings in one country at the request of another.
The SGBV Working Group is currently developing explanatory
material for the Model Provisions on special measures for
vulnerable witnesses that were developed in 2019.
The Corruption Working Group have published the 'Framework for
Prosecuting Corruption in the Pacific: Experiences, Challenges and
Lessons Learnt.'
Way Forward
- The ODPP aims to complete the Handbook for the Office of the
Director for Public Prosecutions by the end of 2021 so
that it can be utilised to enhance efforts of maintaining a robust
criminal justice system and improve procedures where required.
- It will strive to continue working with its counterparts from
the region through the PILON program to develop an appropriate
legislative framework in relation to Cybercrime, SGBV and
anti-corruption.