Page 17 - IB JAN 2017

Politics
Tuvalu demonstrates

against top charge

Former PM CJ rules in favour of PM’s group

seeks IN another landmark ruling, Charles had died on 12 December 2012. Sir
Sweeney, Chief Justice of Tuvalu
Gordon Ward had given his first judg-
ment on 21 January 2012 in which
has ruled in favour of an application
re-election involving PM Sopoaga and five of his Honour found defamation but ad-
his current and former political allies
journed the case for further evidence
on a long running defamation case addressing quantum of damages.
by Samisoni Pareti in which they were ordered to pay “The next basis for the possibil-
AU$50,000 to the widow of a former ity of a successful appeal is that the
PROTESTS in Funafuti, capital of Tu- politician. terms of the garnishee order applied
valu, against Tuvalu’s newly appointed Although Tuvalu’s former Chief only to an account in the names of all
Chief Justice saw the deferment to Justice Sir Gordon Ward had ordered the defendants whereas the order had
March of a bi-election in the island’s Sopoaga and his group to pay up, been taken as a warrant to garnishee
parliament. an order that was upheld by the numerous accounts each in the sole
Strongly tipped to win his Vaitupu island’s Court of Appeal, Sweeney in name of one of the defendants. This
seat again is Apisai Ielemia, although a surprising move, granted an appeal is a sufficient ground for the grant of
the government of Prime Minister Enele by the Sopoaga group for the stay a stay pending the appeal.
Sopoaga has put up an opponent. A of the garnishee order against them. “The next basis is that the appli-
member of the opposition and being The order was issued by an earlier cant for the garnishee order before
a former Prime Minister himself, Hon sitting of Tuvalu’s Court of Appeal but Millhouse J lacked any title to any
Ielemia lost his seat in a controversial CJ Sweeney now claims that proper judgment which would support the
ruling of Chief Justice Charles Sweeney processes were not followed. order. The evidence tends to show
in October last year. “There appears to be no authen- that the widow of the plaintiff who
Sweeney, an Australian, was ap- ticated order on the file of the High was the applicant before Millhouse J
pointed by the Tuvalu Governor General Court. It is the responsibility of a was not and is not the legal successor
at the beginning of 2016 to replace Sir successful party seeking to enforce to the plaintiff and has not under the
Gordon Ward, who has been unable to a judgment to take out and serve an laws applying to succession the legal
travel to Tuvalu through Fiji due to a authenticated order. It is only such right to enforce debts owed to the
travel ban the Fiji regime had imposed an order, which can be enforced. It original plaintiff.
against him. He was President of Fiji’s appears unlikely that such an order “The appellants sought a stay in
Court of Appeal until his resignation on could now be obtained from the High aid of their appeal on 15 April 2016.
December 2006 following the military Court. vBy oversight in the Registry, no
coup that brought to power the then “Thus the first basis upon which I steps were taken by the Registry and
Fiji military commander Frank Baini- consider the appellants have sufficient the motion for a stay remained in the
marama. prospects of success on their appeal file without any action having been
Last November’s peaceful protests by is that the evidence relied upon in taken. It was not brought to my at-
about 80 people of mostly men but with support of the issue of the garnishee tention until I was present in Funa-
some women, young people and chil- order was defective by reason that no futi at the end of September 2016. I
dren was the second in recent months, order had been proved in evidence to consider for the reasons set out above
all aimed at CJ Sweeney. Protestors have existed or to have been served. that the appellants were entitled to a
carried banners and placards telling the “The second basis relates to the stay as and from 15 April 2016 and
Australian jurist that he was no longer death of the original plaintiff. Coun- for that reason I made orders, which
welcome to set foot again on Funafuti. sel agreed that the original plaintiff had that effect.
Judge Sweeney was reportedly in Aus-
tralia at the time.
Reports from Funafuti said Prime protestors should confine their protest However the protesters defied Sopoaga
Minister Enele Sopoaga, a former cli- within the four walls of their commu- and walked on the main road of the
ent of Sweeney before his appointment nity hall. He accused the protestors of capital, led by some elders and chiefs
as CJ attempted to stop the protest. He being used by his political opponents of Funafuti.
went on national radio in the morning and threatened to use members of the
of the protest march to declare that the Tuvalu Police Force to stop the march. n Continued overleaf

Islands Business, January 2017 17