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A dramatic increase in the sentencing of three men accused of protesting against the Nauru Government has renewed claims of political interference in the country's judicial system.
Key points:
- Nauru's Justice Minister told parliament he was in favour of harsher penalties for protesters
- Three protesters had their sentences extended from three months to 22 months yesterday
- Local MP Matthew Batsiua says this shows he may not be able to get a fair trial due to a lack of judicial independence
The claim came after Australian lawyer Mohammed Shafi Khan, the acting Chief Justice of Nauru, increased the sentences of John Jeremiah, Josh Kepae and Job Cecil from three months to 22 months.
The decision was made after Justice Minister David Adeang told Parliament he was in favour of harsher penalties for protesters.
Former Nauru MP Mathew Batsiua faces similar charges to the three men, and said he feared he would not be given a fair trial.
Mr Batsiua was in Nauru's Supreme Court yesterday when the three men were charged with rioting against the Nauruan government two years ago tried to appeal their sentence.
"There was a counter-appeal by the prosecution appealing that the sentences were too lenient," he said.
"A decision was handed down yesterday, so they were given much harsher sentences as a result."
The men were first sentenced last November to three and six months' jail by the country's former resident magistrate, Emma Garo, and were released on bail.
But the Government did not renew Ms Garo's contract at the end of last year, amid criticism of lenient sentences.
Mr Batsiua said yesterday's decision did not bode well for his appearance in court — or that of the other former MPs Sprent Dabwido and MP Squire Jeramiah.
"We believe that we won't be able to get a fair trial because of what's happened in the past and what's still going on," he said.
"And that is the interference and the closeness and the interest that the minister has expressed and shown in the workings of our courts.
"We are all very concerned, we are very concerned about our own fates in the hands of the court at present."
Mr Batsiua said he and the other former MPs should not proceed to trial.
"There is a lack of judicial independence in our view and we've put this to the court," he said.
He claimed that they had been protesting against a lack of free speech in the small country when they were arrested.
"We were peacefully protesting the lack of opposition in parliament — there was a budget sitting on that day," he said.
Continued controversy within judicial system
This is not the first time Nauru's judicial system has found itself at the centre of controversy.
In 2014 Mr Adeang ordered the deportation of Nauru's former resident magistrate Peter Law.
In the same year, the chief justice of Nauru, Geoffrey Eames, resigned two months after his visa was revoked by the government.
Mr Batsiua said Mr Eames visa was cancelled because Mr Adeang "did not like his decisions".
Mr Jeremiah, Mr Kepae and Mr Cecil now remain in custody.
Lawyers expect the men will seek bail today from the Supreme Court in Nauru and will lodge appeals in the High Court of Australia.
A spokesman for Nauru said there was no basis to Mr Batsiua's fears that the Government would deport his legal team and has threatened his lawyers.
"These comments appear to be made with the intention of undermining Nauru's legal process through the media," the spokesperson said in a statement.
"The Nauruan justice system is independent of the Government and the defendants are being provided a fair trial."
Topics: courts-and-trials, law-crime-and-justice, foreign-affairs, government-and-politics, nauru
First posted