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Judicial independence in Kiribati under threat
The Law Council of Australia (LCA) has expressed concern about the government of Kiribati’s continuous efforts to undermine judicial independence and the rule of law.
Jess Feyder
The government of Kiribati has recently attempted to deport one of its most senior judges, Justice David Lambourne of the High Court.
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Justice Lambourne has lived in Kiribati for 27 years and is married to the leader of its opposition, Tessie Lambourne.
He was suspended from his job by the government in May after alleging they had received complaints and allegations from the public against him for misconduct and failing to carry out his duties.
On 11 August, Justice Lambourne was served a deportation notice and taken to the airport in Kiribati’s capital, Tarawa, to be placed on a flight to Fiji.
Kiribati’s Court of Appeal ordered the Attorney-General to stop the deportation, yet despite this, police and immigration officers at the airport tried to force him to board the flight — according to Justice Lambourne and a local journalist at the scene.
There was a standoff at the airport, as the government refused to let the plane depart without Justice Lambourne on board, while the pilot did not want him to board against his will — after several hours, the government backed down.
This attempted deportation is the latest in a series of efforts by the government of Kiribati to remove Justice Lambourne from the judiciary. Other efforts included refusing to issue him a visa or repatriation flight to Kiribati, withholding his salary, and pressuring him to sign an employment contract that purported to limit his tenure.
Kiribati’s Chief Justice William Hastings affirmed Justice Lambourne’s security of tenure in accordance with his appointment. The government reacted by establishing disciplinary tribunals to investigate alleged misconduct by Justice Lambourne and Chief Justice Hastings.
As a result, both of Kiribati’s High Court judges have been suspended. No further appointments can be made while the Chief Justice is suspended from performing the functions of his office, leaving Kiribati without a functioning High Court.
The LCA expressed serious concern, knowing the warrants of appointment for the Court of Appeal expiring this week and that soon, Kiribati will have neither a High Court nor Court of Appeal exercising jurisdiction.
“The Law Council urges the government of Kiribati to respect and observe the independence of the judiciary,” the LCA said, “and ensure that all disciplinary, suspension or removal proceedings are fairly and independently determined in accordance with established standards of judicial conduct, and free from political influence”.
The LCA stated they would continue to monitor developments in Kiribati, including the substantive hearing before the Court of Appeal on Friday, 19 August 2022, and proceedings of the disciplinary tribunals established to investigate Chief Justice Hastings and Justice Lambourne.
