This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/weather/2014/mar/12/naurus-australian-chief-justice-resigns-after-losing-faith-in-the-system

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
Nauru’s Australian chief justice resigns after ‘losing faith’ in the system Nauru’s Australian chief justice resigns after ‘losing faith’ in the system
(about 9 hours later)
A judicial crisis in Nauru over the Pacific island’s power to deport foreigners has resulted in the resignation of its Australian chief justice, Geoffrey Eames, QC.A judicial crisis in Nauru over the Pacific island’s power to deport foreigners has resulted in the resignation of its Australian chief justice, Geoffrey Eames, QC.
Eames said his resignation, “effective immediately”, was because he had lost faith in Nauru’s judicial system. “I could not be assured that the separation of powers and the independence of the judiciary would be respected,” he said.Eames said his resignation, “effective immediately”, was because he had lost faith in Nauru’s judicial system. “I could not be assured that the separation of powers and the independence of the judiciary would be respected,” he said.
Eames has been locked in a stalemate with the Nauruan government since 19 January, when his visa to the country was cancelled after he issued an injunction to stop the government from deporting Nauru’s sole magistrate, Australian Peter Law.Eames has been locked in a stalemate with the Nauruan government since 19 January, when his visa to the country was cancelled after he issued an injunction to stop the government from deporting Nauru’s sole magistrate, Australian Peter Law.
Law, in turn, had ruled that deportation orders issued by the government against two Nauru residents, Australian media adviser Rod Henshaw and Fijian Hareef Mohammed, were unlawful.Law, in turn, had ruled that deportation orders issued by the government against two Nauru residents, Australian media adviser Rod Henshaw and Fijian Hareef Mohammed, were unlawful.
Despite Eames’s injunction, Law was arrested and deported on 19 January, with Eames’s visa cancelled shortly after. Nauru’s justice department accused Law of “inappropriate behaviour towards staff” and “drunk and disorderly behaviour”, among other claims, but Eames condemned the sacking as “politically motivated, designed to have the decisions overturned by a new magistrate and … an abuse of the rule of law”.Despite Eames’s injunction, Law was arrested and deported on 19 January, with Eames’s visa cancelled shortly after. Nauru’s justice department accused Law of “inappropriate behaviour towards staff” and “drunk and disorderly behaviour”, among other claims, but Eames condemned the sacking as “politically motivated, designed to have the decisions overturned by a new magistrate and … an abuse of the rule of law”.
Since then Nauru had been in constitutional crisis, with its chief justice barred from entering the country, but the government lacking the necessary two-thirds majority vote in parliament to sack him from his post.Since then Nauru had been in constitutional crisis, with its chief justice barred from entering the country, but the government lacking the necessary two-thirds majority vote in parliament to sack him from his post.
Eames told Guardian Australia he saw no alternative but to resign. “It was a question of, do I wait forever as a chief justice in exile, who is unable to do any work, or do I wait for them to back down and restore my visa?Eames told Guardian Australia he saw no alternative but to resign. “It was a question of, do I wait forever as a chief justice in exile, who is unable to do any work, or do I wait for them to back down and restore my visa?
“I had a discussion with the president a week ago and it was quite apparent that I wouldn’t get a visa under any circumstances. The time had come when I was simply prolonging an exercise for no good purpose.”“I had a discussion with the president a week ago and it was quite apparent that I wouldn’t get a visa under any circumstances. The time had come when I was simply prolonging an exercise for no good purpose.”
He said that the next person to take up the position of chief justice in Nauru should be “extremely wary”.He said that the next person to take up the position of chief justice in Nauru should be “extremely wary”.
“I would have thought if you can effectively be dismissed because the government doesn’t like your decisions, then every judge is at risk of having his independence undermined.”“I would have thought if you can effectively be dismissed because the government doesn’t like your decisions, then every judge is at risk of having his independence undermined.”
The Australian government has since 2012 sent asylum seekers headed for Australia by boat to Nauru to have their claims processed.The Australian government has since 2012 sent asylum seekers headed for Australia by boat to Nauru to have their claims processed.
The Department of Foreign Affairs said the way Eames and Law have been treated by Nauru gave “rise to concerns about the rule of law in Nauru and Nauru’s reputation internationally”.
“We see the restoration of a judiciary in Nauru as a priority,” a spokeswoman said. “Ultimately, however, Australia accepts that decisions about visas and the appropriateness of appointments are matters for the Nauru government alone.”
Meanwhile, the backlog of cases awaiting newly appointed magistrate, the Melbourne lawyer Andrew Jacobsen, continues to grow. Among them are 16 asylum seekers charged over a July 2013 riot at a Nauru detention centre.