Most of the fiat counsel has performed up to standard, the Department of Justice says. Last year's overall conviction rate in the District Court was 90.1%, up from 87.5% in 2003.

In response to a news report today, the department said fiat counsel assigned to prosecute complex commercial crime cases were briefed from a pool of counsel with the experience to prosecute such cases.

The department is committed to providing the community with fiat prosecutors of the highest quality. It believes it is also in the public interest to brief out some cases to private lawyers to help develop the experience and standing of the legal profession.

If there is an adverse report, or performance is below standard, fiat counsel may be advised to improve. Depending on the seriousness of the conduct, they may be restricted to prosecuting only simple cases, or removed from the lists of fiat counsel altogether.

Ample preparation time

Prior to allocating trial counsel, the department's experienced counsel vetted the complex commercial crime cases, which were assigned to prosecuting fiat counsel as soon as a hearing date was fixed to allow ample preparation time.

In late 2004, arrangements for the preparation of complex crime cases have been revised to ensure that fiat counsel received adequate guidance in the interests of higher standards, which has already proved beneficial.

The 'Notes to Counsel Prosecuting Complex Fraud Cases' was also supplied in the brief to counsel as valuable guidance.

Performance monitored

Performance of fiat counsel is monitored, and the overall performance of counsel is considered on an annual basis, the department said.

In any performance review, reports on fiat counsel -  including those from judges - aid the department. Only if the Director of Public Prosecutions is made aware of poor performances will he take appropriate action.

Any specific criticisms on the performance of a particular counsel can be conveyed to the Director of Public Prosecutions, or even to the Bar Association for consideration.