Dec 09, 2018 Last Updated 11:50 PM, Dec 5, 2018

Nauru’s legal wrangle

  • Jul 20, 2018
  • By  Samisoni Pareti
Some members of the Nauru 19 with their lawyers outside the Supreme Court in Yaren. Some members of the Nauru 19 with their lawyers outside the Supreme Court in Yaren. Supplied
Published in 2018 July
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A huge legal battle looms in Nauru over the trial of 19 people some of whom former opposition parliamentarians with the Baron Waqa Government opting to appeal its Supreme Court ruling that the republic should foot the legal bill of the defendants.

In his landmark judgement on 21 June this year, Supreme Court Judge Geoff Muecke of Australia ordered the Waqa Government to pay AU$224,021 (USD165,880) towards the expenses of the four Australian-based lawyers of the 19 defendants. This money was to be paid to the Supreme Court of Nauru by 5pm on Friday, 29 June.

Nothing was paid by deadline however with the government of Nauru exercising its right to appeal the Supreme Court’s decision. This means that the appeal would have to be heard by the Court of Appeal of Nauru, a court that currently does not exist.

In a surprise move earlier in the year, and following a secret pact with the government of Australia, the Nauru Government had announced that it would no longer uses the Supreme Court of Australia as its Appeals Court. It would establish its own, Nauru added.

A closer reading of Judge Muecke’s ruling reveals that the jurist had anticipated the non-payment of the legal fees. Order number 3 in his ruling reads:

“I order that the Republic of Nauru pay into the Supreme Court of Nauru the sum of $224,021.90, or such other sum as may be agreed between the DPP and the defendants’ Australian legal team, by 5pm Friday 29 June 2018, for and on behalf of the legal fees and disbursements of the defendants’ Australian legal team for the trial in this matter, and for some fees and disbursements already incurred.

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