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PNG judge rejects push to recuse himself from Manus Island inquiry PNG judge rejects push to recuse himself from Manus Island inquiry
(6 months later)
PNG judge Justice David Cannings will visit Manus Island detention centre on Tuesday after he rejected an application by the PNG government to recuse himself from the inquiry on the grounds of bias.PNG judge Justice David Cannings will visit Manus Island detention centre on Tuesday after he rejected an application by the PNG government to recuse himself from the inquiry on the grounds of bias.
Cannings is conducting the third stage of his inquiry into alleged human rights violations at the Manus Island centre and “disturbances resulting in injuries” after violent unrest led to the death of 23-year-old Reza Barati and injuries to dozens of other asylum seekers.Cannings is conducting the third stage of his inquiry into alleged human rights violations at the Manus Island centre and “disturbances resulting in injuries” after violent unrest led to the death of 23-year-old Reza Barati and injuries to dozens of other asylum seekers.
On Monday morning lawyers acting on behalf of the government and chief migration officers, Rabura Mataio, had filed for Cannings to be disqualified because of a “reasonable appearance of bias”.On Monday morning lawyers acting on behalf of the government and chief migration officers, Rabura Mataio, had filed for Cannings to be disqualified because of a “reasonable appearance of bias”.
“The application is not made lightly,” Peter Kuman, lawyer for the state of Papua New Guinea and for Mataio, told Guardian Australia on Monday before Cannings’ decision.“The application is not made lightly,” Peter Kuman, lawyer for the state of Papua New Guinea and for Mataio, told Guardian Australia on Monday before Cannings’ decision.
“It’s a very serious matter. Our reasons were twofold. Firstly that his conduct so far in dealing with [the] current human rights matter gives rise to a reasonable appearance of bias,” he said.“It’s a very serious matter. Our reasons were twofold. Firstly that his conduct so far in dealing with [the] current human rights matter gives rise to a reasonable appearance of bias,” he said.
The second reason related to undefined statements Cannings had made in previous court appearances regarding the detention centre.The second reason related to undefined statements Cannings had made in previous court appearances regarding the detention centre.
Cannings adjourned his decision until the afternoon sitting, during which his dismissed the application and said judges were trained to be impartial.Cannings adjourned his decision until the afternoon sitting, during which his dismissed the application and said judges were trained to be impartial.
Cannings also rejected an order for media to suppress the identifications of asylum seekers interviewed during the hearing, and said that was up to each individual to decide, reported the Post Courier. Cannings also rejected an order for media to suppress the identifications of asylum seekers interviewed during the hearing, and said that was up to each individual to decide, reported the Post Courier.
The judge had earlier disclosed a longstanding friendship with a Cairns-based doctor Paul Crouch-Chivers, who Cannings had appointed to inspect the health services at the centre.The judge had earlier disclosed a longstanding friendship with a Cairns-based doctor Paul Crouch-Chivers, who Cannings had appointed to inspect the health services at the centre.
The inquiry will visit the detention centre on Tuesday but without media in attendance, the Post Courier reports. Kuman said the PNG government had no problem with the court visiting the centre if all concerned parties were present.The inquiry will visit the detention centre on Tuesday but without media in attendance, the Post Courier reports. Kuman said the PNG government had no problem with the court visiting the centre if all concerned parties were present.
Cannings’ inquiry, which he launched of his own volition in February, is investigating alleged violations of human rights inside the Manus Island centre. The terms of reference will look at what rights, “if any”, the asylum seekers being detained have, whether those rights are being administered and, if they are not, how the court can enforce and protect them.Cannings’ inquiry, which he launched of his own volition in February, is investigating alleged violations of human rights inside the Manus Island centre. The terms of reference will look at what rights, “if any”, the asylum seekers being detained have, whether those rights are being administered and, if they are not, how the court can enforce and protect them.
The inquiry is separate to a supreme court case, currently between hearings, in which opposition leader Belden Namah is challenging the constitutionality of the agreement between PNG and Australia and the centre which holds about 1300 people.The inquiry is separate to a supreme court case, currently between hearings, in which opposition leader Belden Namah is challenging the constitutionality of the agreement between PNG and Australia and the centre which holds about 1300 people.
Last month, a five-member bench of the court dismissed a government challenge that Namah was ineligible to make his case because he is not directly affected. The ruling also noted detainees appeared unaware they could could challenge their detention in PNG court, and criticised government authorities for appearing to have shown “no interest” in the human rights of detainees.Last month, a five-member bench of the court dismissed a government challenge that Namah was ineligible to make his case because he is not directly affected. The ruling also noted detainees appeared unaware they could could challenge their detention in PNG court, and criticised government authorities for appearing to have shown “no interest” in the human rights of detainees.