Supreme Court

Nauru Supreme Court dismisses another 'Nauru 19' appeal

That marks the start of the retrial of the group of activists and former politicians who were involved in an anti-government protest in 2015.

They face charges including rioting and disrupting the legislature.

RNZ Pacific reports they were awarded a permanent stay on proceedings last year by Supreme Court Judge Geoffrey Muecke, which was later dismissed by the Nauru Court of Appeal.

This month, newly-appointed Supreme Court Justice Daniel Fatiaki rejected another stay application and refused the Nauru 19 an appeal of this.

Nauru DPP to appeal parliament riot trial decision

The permanent stay was granted by Nauru Supreme Court judge, Justice Geoffrey Muecke on Thursday.

A statement from the Nauru Government said the trial has been caught in long running legal wrangles over the defendants’ right to counsel, legal aid as well as allegations that they would not be accorded a fair trial.

“Today’s ruling by Justice Muecke has had the practical effect of halting the trial.”

“It is not a determination of the guilt or innocence of the accused persons. The hearing of the evidence in the case has not been heard or given,” the statement said.

Nauru judge throws out new law

Justice Geof Muecke was ruling on a request from the group known as the "Nauru 19" who had requested government assistance with their legal costs.

The group is facing trial for alleged offences during an anti-government protest more than three years ago.

Mr Muecke ruled the Nauru government pay $US166,606 dollars to the team of Australian lawyers who have been representing the Nauru group mostly pro bono since 2016.

He has given the government until this Friday to make the payment.

Supreme Court order against refugees’ deportation still active

With the new accommodation arrangement taking effect today (Oct 4) at the Manus Regional Processing Centre, Mike Compound at the Lombrum centre will accommodate those who have non-refugees status and have received a deportation order.

But Lomai, who represents over 600 detainees at the centre, says unless that injunctive order stopping deportation is varied, “no asylum seekers should be forced to return back to his country of origin”.

Kondra’s appeal on fast track list

The case returned for directions on Thursday afternoon before Chief Justice Sir Salamo Injia.

He directed parties in the case to return to court on Monday, July 18, and settle index books in the appeal before a hearing date is allocated for the appeal to be heard.  

Leave was granted by a three-judge Supreme Court bench on June 21 to hear the appeal. A stay was also granted on that day against the decision of the National Court on March 1, dismissing his judicial review.

​Ombudsman Commission’s appeal dismissed

Chief Justice Sir Salamo Injia dismissed the appeal on Thursday. However, he said the Ombudsman Commission is at liberty to file a Supreme Court review of the National Court’s decision of Jan 28, 2015.

He said if a review is filed by the Ombudsman, it will be determined on its merits.

The Ombudsman’s appeal was dismissed after the court was told that the documents for the appeal could not be located in the registry, despite a Supreme Court reference number or court file number being given for the case on March 6, 2015.

7-year court battle of Napa Napa land ends

A three-man Supreme Court bench upheld the National Court decision after a long court battle of seven years.   

Clan representative, Daure Gabe Pundi, said they had been in court since 2009 and the decision of the Supreme Court dismissing the appeal of the National Court’s decision was a relief.

“We wasted a lot of money, a lot of time but we knew it was our land so sacrificed everything and came to court.  We are happy now,” said Pundi. 

Ex-president to be questioned in Brazil corruption probe

The ruling came on a request filed by investigators Sept. 11 who said they wanted to question Silva about possible involvement in the scheme. Under Brazilian law, all federal politicians and some at other levels can be investigated only if the Supreme Court approves the inquiry.

Connecticut court bars execution of 11 death row inmates

In a sharply divided 4-3 ruling, the court declared the death penalty violates the state's constitution, "no longer comports with contemporary standards of decency and no longer serves any legitimate penological purpose."

Vanuatu opposition confident motion will go ahead

The Supreme Court this week declared a decision by the newly-appointed speaker of parliament, Marcellino Pipite, to rule out the opposition's motion of no confidence against the new prime minister Sato Kilman, and ordered parliament to reconvene on Tuesday to hear it.