JSC refers a complaint of alleged unlawful payment of benefits to suspended DPP amounting to about $288,999

The Judicial Services Commission says it has referred a complaint against suspended Director of Public Prosecutions, Christopher Pryde alleging unlawful payment of benefits under his contract amounting to about $288,999.

Pryde earlier wrote a letter to New Zealand Deputy Prime Minister and Foreign Affairs Minister, Winston Peters seeking assistance as he claims the Government cut off his salary payment at the four-year mark of his current seven-year contract.

In a statement, Acting Chief Justice and Judicial Services Commission’s Chairman, Salesi Temo says that the President has agreed, that the DPP’s salary be suspended pending the findings of the Tribunal.

Acting Chief Justice Temo says the suspended DPP had been advised of these actions.

He says the DPP is appointed under section 117(3) of the Constitution by the President on the recommendation of the Judicial Services Commission after consulting the Attorney General.

The Chair says section 117(6) sets out the two grounds under which the DPP may be removed from office, which include the inability to perform the functions of his or her office or misbehaviour.

He says the procedure for the removal of DPP from the office is the same as that of the removal of judicial officers under section 112 of the constitution.

The Chair says relevant provisions of section 112 so far that apply to DPP are removal of DPP by the President and the President doing it on the advice of the Tribunal.

He says a Tribunal is only appointed under section 112(3)(a)(i) if the Judicial Services Commission considers the question of removing the DPP from the office ought to be investigated.

He further says the Tribunal had already begun its work from February 2024 and had several pre-hearing meetings with the DPP’s Counsel.

Acting Chief Justice Temo says upon completion of its investigation, they will submit a written report of its findings to the President and at the same time advise the President on its recommendations on whether or not the DPP should be removed from office.

He adds the JSC had refrained itself from commenting on the matter as it is subjudice before the Presidential Tribunal.

The suspended DPP has also been informed about the intended hearing date from the 19th to 30th August 2024, the Tribunal’s report will be forwarded to the President on or before 23rd September 2024.

Meanwhile, suspended DPP Christopher Pryde says the issue of the superannuation payments is a matter that is currently before the Tribunal and should be decided by the Tribunal and not the JSC.

Pryde says he was advised that a full year after he was suspended for talking to the former AG an additional charge of receiving superannuation payments would be added to the Tribunal’s mandate. He says he has been in correspondence with the JSC and denied any wrongdoing and the superannuation payments were an entitlement that were audited twice a year every year by the Auditor-General and the Ministry of Finance since 2012 and that no issue had ever been raised.

He says the decision by the JSC to recommend suspension of his salary was made unilaterally on 9th July 2024 on the basis that he should not have received any superannuation payments, however this is a matter that is yet to be decided by the Tribunal and the JSC is pre-empting the findings of the Tribunal.

Pryde further says he was not allowed to challenge the suspension of his salary suspension under these circumstances is a clear breach of natural justice and he can't afford the legal costs to defend himself without an income and while he remains the DPP he is unable to receive income from any other source of employment.

He adds he should continue to receive his salary by the original terms of the suspension to defend himself in the Tribunal, which has still not yet set a hearing date.

The suspended DPP has also raised the issue with the JSC twice now but has not received any acknowledgement or response.