Page 12 - IB AUG 2019

Politics

Adeang was justice minister. Lawrence went onto write: “It is evident that paragraphs 15 to
Meanwhile, whether the new president will have time or the 30 of the judgment in Deiye v Republic have been directly copied
political will to look into the serious allegations of plagiarism by from my conference paper without attribution.
its sole high court judge remains to be seen. “Plagiarism obviously raises serious ethical issues in any
The last time the Australian lawyer who raised the allegations context. When it occurs in the writing of reasons for a judicial
asked Adeang about it, the then-Minister responded with a decision however it also undermines public confidence and may
brief but terse message: “Just thought you should know, I’m not create appeal grounds for the unsuccessful party in the matter.
particularly interested in responding.” “I respectfully suggest an urgent audit of all Judge Khan’s
Sydney-based Stephen Lawrence, who is also one of the law- judgments may be prudent to ascertain the full extent of his
yers who acted for the Nauru 19, first wrote to Adeang about the judicial plagiarism. Common sense perhaps suggest that the
allegations in May 2017: serious ethical failing demonstrated by Judge Khan may have
“I write to make a complaint about the conduct in judicial office manifested more than once.
of Judge Mr. Mohammed Shafiullah Khan of the Supreme Court “I do not make this complaint lightly or without some aware-
of Nauru. My complaint relates to extensive plagiarism by Judge ness of the professional and intellectual challenges Judge Khan
Khan in the writing of reasons for judgment in the matter of Deiye may have faced in transitioning from prior positions in the mag-
v Republic [2015] NRSC 5; Misc 54 of 2015 (16 June 2015). istracy to his current position as judge of a Supreme Court (and
“I enclose a copy of that judgment with this letter. On 16 acting Chief Justice of a country). In all good conscience however
September 2012 I presented a conference paper titled ‘Abuse I felt I could not leave this matter unaddressed.”
of Process – Judicial Enforcement of Fundamental Values and With the exception of the brief but terse reply from Adeang,
Principles’ at a legal conference in Sydney. I enclose a copy of Lawrence never got a formal response to his complaint.
that paper and note one can find an online copy at the following Legal experts will be watching to see what President Aingimea
link maintained by my former employer (the Aboriginal Legal will do with this complaint and the many other complex and
Service NSW/ACT):” challenging issues facing his nation.
After specifying the pages that were allegedly plagiarised, r editor@islandsbusiness.com

Waqa’s legacy

ASKED about the highlights of his six years as President on While the high-profile visit would have been an added
the eve of his departure from office, Baron Waqa mentioned highlight to his chairmanship, China particularly was unim-
three: the redevelopment of the island’s main seaport, the pressed with his style of regional leadership. Nauru recognises
creation of an intergenerational trust fund and investment in Taiwan and not mainland China, and Waqa’s poor treatment
seabed mining. and public spat with the head of the Chinese delegation to
He later added raising the republic’s during Nauru’s 50th the Forum meeting in Nauru last year triggered a diplomatic
year of independence celebrations last year, as a cherished protest from Beijing.
memory. On the home front, Waqa occupied the presidency while Da-
Perhaps surprisingly, Waqa, who has maternal links in Fiji, vid Adeang, his trusted ally held the strings. The latter took the
did not mention the Pacific Islands Forum’s latest declaration powerful portfolios of finance and justice and was recognised
on regional security, which had expanded the definition of as the real force behind the long-standing legal duel with the
security in the context of small island developing states in so-called Nauru 19. This matter was not lost on the Australian
the region to include environmental security and resilience to judge that presided over the trial last year.
disasters and climate change. “I find that it has been understood by the public legal de-
That declaration is known as the Boe Declaration, named fender and those in his office, by all legal practitioners on Nauru
after Waqa’s small coastal hometown. He has been the popular and by all pleaders on Nauru that the minister for justice expects
representative of Boe in the island parliament for years until that no legal assistance or representation is to be provided by
his upset loss in the elections on 24 August. them to any of the defendants before me,” Judge Geoff Muecke
The Boe Declaration was adopted when Waqa hosted his wrote in his ruling on the case of the Nauru 19 last year.
counterparts for the Pacific Islands Forum in 2018. He and “Further, I find that it is understood by those persons that
other Forum leaders left imprints of their hands on wet con- the minister of justice for Nauru considers that all these defen-
crete on Boe’s waterfront as a lasting mark of their approval dants are guilty of very serious crimes against the parliament
for the document. of Nauru, they should be shown no mercy and they should
As Forum host last year, Waqa also became Forum chair. He be locked up for considerable periods. It is understood that
championed seabed mining as a regional issue, organising a the minister for justice believes that as such, the defendants
Forum meeting side event with International Seabed Author- are criminals who deserve no assistance or representation by
ity Secretary General Michael Lodge and Samantha Smith, the anyone on the island of Nauru.
former Head of Environment and Social Responsibility with the “In my judgement, the findings and conclusions to which I
deep-sea mining corporation DeepGreen. Nauru has formed a have just referred constitute a shameful affront by the minister
partnership with DeepGreen. for justice to the rule of law in Nauru, which he professes to
During his 12-month tenure, Waqa also hosted an official operate for and give protection to the citizens of the country
visit of the United Nations Secretary General, Antonio Guterres under its constitution.”
to the Forum’s headquarters in Suva.

12 Islands Business, August 2019