Page 18 - IB September 2018 Edition

Judiciary

Victorious Nauru 19 with their families and supporters outside the Nauru Court House. Photo: Supplied
Victory for Nauru 19 of the government of Nauru’s handling of
the case and its treatment of the defen-
dants. He believes these actions were “in-
consistent with the recognised purposes of
By Samisoni Pareti provide any resources, including financial the administration of criminal justice and
resources, to these defendants so as to an abuse of the process of the court” and
NAURU’S justice minister David Adeang’s ensure that they do receive a fair trial ac- bordering on persecution.
conduct in a case involving 17 men and cording to law within a reasonable time “I consider that in the circumstances the
two women charged in connection with according to the country’s Constitution. power to make a permanent stay order in
a protest outside the island parliament “Even in mid to late 2017, the Minister this case is not a discretionary power of
more than three years ago was a shame- for Justice rejected a suggestion that the mine. It is mandatory.
ful affront to the rule of law in Nauru, the Republic consider a (AUD)$10,000 ex “I consider that this case is a very rare
island Supreme Court said as it ordered a gratia payment towards the legal costs of case where Executive Inference, virtually
permanent stay over the case. the defendants.” from the day after the events outside Par-
Retired High Court judge of South Aus- No Fair Trial Guaranteed liament on 16 June 2015, has been such
tralia Justice Geoff Muecke who was flown Before Judge Muecke was an application that I consider that “the continuation of
in to preside over the Nauru Supreme for a permanent stay order by 19 out of the prosecution is inconsistent with the
Court last month also found that the the 20 people and it follows the refusal recognised purposes of the administration
“executive government of Nauru” did not by the Nauruan Government to abide by of criminal justice and so continues an
want the “defendants to receive a fair trial a 21 June 2018 ruling by the same judge abuse of the process of the court.”
within a reasonable time as guaranteed to that the government must meet the legal Black List
every Nauruan in the country’s constitu- costs of the defendants’ lawyers, of about “I consider that in denying the defen-
tion, being the supreme law of Nauru.” AUD$2240000 (USD163,000). dants legal representation and resisting
“I conclude that instead of fair trial for Failure to pay the Judge said would their obtaining legal assistance, in impos-
these defendants within a reasonable mean that the 19 would be unrepresented ing a “blacklist”, in forbidding any plea
time, the Executive Government of Nauru and a fair trial therefore could not be bargaining, and in publicly denouncing
wishes as only that they, and each of them, guaranteed. and vilifying the defendants and those
be convicted and imprisoned for a long Two of the 19 defendants were former seeking to assist them, the Executive
time, and that the Government of Nauru is members of the Nauru parliament and Government of Nauru has displayed perse-
willing to expend whatever resources, in- the charges stemmed from a protest they cutory conduct towards these defendants
cluding financial resources, as are required staged with their supporters outside par- which is all the more serious in the unique
to achieve that aim,” said Judge Muecke. liament in June of 2015. context of Nauru.
“I conclude that the Executive Govern- In his comprehensive judgment of 107 “I consider and I find that the prejudice
ment of Nauru does not wish or intend to pages, Justice Muecke was condemnatory to each and every accused, caused by the

18 Islands Business, September 2018