Transcript
DON WISEMAN: This group includes a former president and a former minister of justice. They had gathered at parliament to protest their expulsion from parliament the previous year, 2014. There were some incidents - the government had tried to call it a riot, but the defendants have dismissed that claim.
Charges were brought and a convoluted legal process has gone on ever since. The Nauru 19 as they came to be called had been denied legal representation on Nauru, the judge found, and so they had relied on lawyers from Australia who have been working on a pro bono basis since mid- 2016.
SALLY ROUND: So why change now?
DW: Well the lawyers say it has become financially too difficult, that the money has run out, so their clients sought a Notice of Motion to try and have the court order the government to help out.
The state told the court that there were qualified pleaders and lawyers available in Nauru to represent the men but this was disputed by the defendants and the judge found that there were insufficient lawyers or pleaders available, qualified and willing to represent the group..
The government rushed through legislation at the beginning of this month, the Civil Procedures Amendment Act 2018, which set legal aid available for courts cases, for those unable to pay, at a maximum per case of US$2,231.
In a 41 page decision Justice Muecke, taking into account the long time the defendants had had to fend on their own, ruled the Nauru government pay US$166,606 dollars to the team of lawyers and it had to make this payment by the end of this week.
SR: That's a hefty amount ......how does he justify it?
DW: Well he called the government offer of $2,231 dollars absurd and said most of the defendants were in a poor, if not dire, financial state. He spoke of reports of an apparent black list stopping the defendants working on Nauru and also spoke of government pressure put on a tenant of one of the accused Matthew Batsiua to stop renting his house. He concluded if he formally assigned the Australian lawyers to the Nauru 19 he could also direct what funds they should receive. He calculated his figures taking into account what the legal aid rate in New South Wales is and then arrived at a figure substantially below that. He said the money, US$166,606 dollars had to be deposited in the trust account of solicitor Christian Hearn by this Friday.
SR: Now this new legislation rushed through at the beginning of the month, The Civil Procedures Amendment Act, the judge clearly was not impressed with it.?
DW: No he said it was unconstitutional and declared the entire act null and void. He said in his judgement "it invites a conclusion that the Act was passed after 29 May 2018, not with the legitimate objective of invoking a reasonable policy for legal aid in Nauru consistent with limited funding here and balancing the interests of all Nauruans, but to frustrate the defendants' Notice of Motion' "
He said the rule of law includes the fact that the community must respect all its individuals as good and law-abiding, unless the contrary is proved, and proved to a high standard.
SR: What has been the reaction from the defendants?
DW: Matthew Batsiua has said that the Nauru government has tried to frustrate the Nauru 19's application for funding to ensure a fair trial at every turn. He says they feel vindicated that the Supreme Court has now declared void their last attempt to legislate away their right to a fair trial and ordered the state to pay.
The pre-trial hearings are due to commence on 23 July 2018 and the trial is set for four weeks from 6 August 2018.
