OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
Prosecuting to ensure a crime free community
The Office of the Director of Public Prosecutions is established under the Criminal Procedure Act 1972 (Act). Essentially, the Office of the Director of Public Prosecutions administers the prosecution process in the criminal justice system in Nauru.
The Director of Public Prosecutions is appointed by the His Excellency the President of the Republic of Nauru to represent the Republic in criminal matters.
The Office of the Director of Public Prosecutions consists of the Director, a team of public prosecutors of varying hierarchies, a pleader, a police inspector and a police constable to enable the Office to perform the functions, responsibilities and duties as public prosecutors.
VISION
A progressive national prosecutions service for the effective enforcement and maintenance of law in the community through the criminal justice system.
MISSION
- Practicing fair and responsible prosecutions in collaboration with other stakeholders in the criminal justice system;
- Maintaining peace and promoting safety and security in the community by effective criminal prosecutions; and
- Recruiting, retaining and training impartial and competent prosecutors for ensuring the integrity of prosecutions.
VALUES
Our values are:
- Upholding the rule of law;
- To honour the fundamental human rights of all persons;
- To value the diversity of the community;
- To be fair, transparent and accountable;
- Maintaining, instilling and retaining public confidence in the prosecutions service;
- To avoid impropriety or appearance of impropriety to portray any semblance of biasness, favouritism or partiality;
- Not to use the prestige or position of a prosecutor for personal gain or advantage;
- Upholding the code of ethics of prosecutions; and
- Performing the functions consistently, objectively and without fear, favour or prejudice.
Publications
Republic v. Doguape [Criminal Appeal 5 of 2021]
The Director of Public Prosecutions had filed an appeal before the Nauru Court of Appeal on the acquittal by the Supreme Court in R v. Doguape. The brief facts relate to the intoxicated Respondent who entered the dwelling of another person without lawful authority or excuse. The Supreme Court acquitted the Respondent after considering the defence of intoxication under Section 43 of the Crimes Act 2016 and held that the Respondent actions were neither intentional nor voluntary.
The Court of Appeal distinguished between offences that necessitate ‘basic intent’ and those that require ‘specific intent’ during its consideration of the appeal. The Court of Appeal held that the offence of ‘being found in certain places without lawful authority or excuse’, as per Section 164 of the Crimes Act 2016, constitutes an offence of basic intent. The Court noted that this is where the mental element of the offence does not go beyond the physical element of the offence, contrary to an offence of ‘wounding with intent to cause grievous bodily harm’ where specific intent needs to be proven.
The Court of Appeal overturned the decision of the Supreme Court and convicted the Respondent.
PILON Regional Guidelines for Prosecutors and Witness Support Officers to support vulnerable witnesses through the Prosecution of Sexual and Gender Violence (SGBV) Offences.
Introducing the Regional Guidelines for prosecutors and support officers to support vulnerable witnesses through the prosecution of Sexual and Gender Based Violence cases.
Training on Power of Arrest and Conduct of Caution Interview
OUR TEAM
Andie Driu
Director of Public Prosecutions
Saif Shah
Principal Public Prosecutor
Margaret Adifaka Suifa’asia
Senior Public Prosecutor
Wenona Deiye
Public Prosecutor
Kori Itsimaera
Pleader
Sergeant Thubalkain Dabuae
Police Prosecutor
Jesse Adun
Police Constable
OUR LOCATION
Department of Justice and Border Control
Yaren District
Republic of Nauru