Sydney – An Australian-born High Court judge, David Lambourne, who faced deportation from Kiribati two years ago, appeared in court on Tuesday. The case has attracted attention from the United Nations and international legal groups. Lambourne, who has resided in Kiribati for three decades and is married to Opposition leader Tessie Lambourne, is challenging Kiribati president Taneti Maamau’s attempt to remove him from office. The upcoming national elections in Kiribati later this year add significance to the case.
Since 2022, Lambourne has been living in Kiribati without a visa or salary after Maamau suspended him following a ruling by the Court of Appeal judges and the chief justice that Lambourne should not be deported. Despite an unsuccessful attempt at forced deportation in August 2022, the legal proceedings have continued to unfold.
During the court proceedings, Lambourne’s barrister, Perry Herzfeld, emphasized the government’s threat to the rule of law. He raised concerns about the lack of judicial independence and criticized the rapid formation of a tribunal by Maamau to investigate Lambourne. The legal team only recently discovered the existence of the tribunal, adding to the complexity of the case.
Herzfeld argued that the allegations against Lambourne, such as delays in making judgments, were not substantial enough to warrant his removal from office. He also highlighted a critical flaw in the tribunal’s composition, as it lacked a judicial officer, a requirement under the constitution.
Kiribati’s deputy solicitor-general, Monoo Mweretaka, presented a counter-argument in court, highlighting the seriousness of the allegations against Lambourne. He maintained that procedural fairness was not necessary for the tribunal’s proceedings and defended the inclusion of non-legally trained officers on the panel.
A letter sent by U.N. Special Rapporteur Margaret Satterthwaite in September 2023 expressed grave concerns about the suspension of judges in Kiribati, leaving the country without a functioning High Court or Court of Appeal. The letter also raised human rights issues regarding Lambourne’s treatment and the composition of the tribunal.
Lambourne’s interim visa, issued in January, is set to expire upon the delivery of the court’s judgement. High Court commissioner Aomoro Amten reserved his decision after the recent hearing. With Kiribati’s parliament convening for a final session next month before dissolving for the upcoming elections in May, the case’s outcome holds great significance.
Overall, the legal battle involving David Lambourne in Kiribati reflects a broader conflict over judicial independence and the rule of law. The international attention on the case underscores the importance of upholding legal standards and protecting the rights of judges in the Pacific Islands nation.
(Reporting by Kirsty Needham; Editing by Lincoln Feast.)
