A former president of Kiribati warns the crisis involving the island nation’s government and the courts has left the country with a “dysfunctional judiciary” and put a question mark over its democratic system.

The Kiribati government suspended its chief justice in July and last Thursday immigration and police detained and attempted to deport High Court Judge David Lambourne.

They were unsuccessful after the country’s highest court ordered the Australian-born judge to be released.

• READ MORE: Australian-born judge released from immigration detention in Kiribati, after being held overnight
• Other reports on Kiribati politics

The Court of Appeal stopped the government from deporting Lambourne pending a further hearing expected to be held this week, escalating further acrimony between the executive and judicial arms of the state.

Anote Tong, who was president of Kiribati from 2003 to 2016, says the issue of Judge Lambourne has clear “political connotations” because he is married to the leader of the opposition.

But, he said, the actions of President Taneti Maamau’s government bordered on contempt of court.

“The deportation order by the president [Maamau] is really in direct contravention to the decision by the court. So, whether the government is now in contempt of court is the question that really needs to be addressed,” Tong told RNZ Pacific.

“To be in direct conflict with the decision of the court here, I think we know what that means.”

‘Abiding by the laws of Kiribati’
In a statement, the government maintained that Judge Lambourne had breached his visa conditions and national laws and raised concern “by the overreach of the Court of Appeal” to issue an injunction to prevent his deportation.

The government said it “abides by the laws and the Constitution of Kiribati … to protect the interest of the people of Kiribati”.

It blamed “neocolonial forces” for “weaponising the laws enacted to protect” the i-Kiribati people “to pursue their own interest and suppress the will of the people”.

But Tong said the separation of powers is a fundamental principle of a democratic society.

“We have a constitution. We have the laws in place, and we have a court. The question is: are we adhering to these legal provisions?,” he asked.

“It looks like the government is crossing that boundary and delving into the purview of the judiciary.”

Tong said the problem between the government and Judge Lambourne began after the 2020 elections when his wife, Tessie Lambourne, was elected as leader of the opposition.

“There is no question about it,” he said, adding it did not “give an excuse for the government to ignore a court decision”.

He said until Kiribati amended its laws and constitution “to recognise that the separation of powers is fundamental to its democratic system of government, everything else that has been done will become illegal”.

International condemnation
The Commonwealth Magistrates’ and Judges’ Association (CMJA), the Commonwealth Legal Education Association (CLEA), and the Commonwealth Lawyers Association (CLA) have all raised concerns and said they were “alarmed” at the situation.

The associations have urged the Kiribati authorities to respect the rule of law and comply with orders of the courts.

“The associations are alarmed that the tribunals set up to investigate alleged misbehaviour by Judge David Lambourne and the Chief Justice William Hastings have yet to report on any findings,” they said via a joint statement.

“The associations are further alarmed that there has been an attempt to deport Judge Lambourne without due process being followed and he has subsequently now been arbitrarily detained by the authorities in Kiribati.”

CMJA, CLEA and CLA are urging the Commonwealth Ministerial Action Group (CMAG) to consider the actions of the Kiribati government as a matter of urgency.

This article is republished under a community partnership agreement with RNZ.

Produced by Rebecca Barry and Madeleine Hetherton and directed by Hollie Fifer, The Opposition, has been selected to screen at Hot Docs in Toronto in early May.

Media Stockade has agreed not to screen or distribute any visual or audio recording of Kidu until April 4 2016.

The documentary follows Joe Moses, community leader of a four-generation strong settlement in Port Moresby, battling eviction against an international five-star hotel and marina being developed by the Paga Hill Development Company.

In response to an article on Kidu’s position published in The Australian, Media Stockade  issued the following statement:

‘Positive dialogue’
“The Opposition has been thoroughly researched, considered and checked both legally and journalistically by professionals with extensive experience in Papua New Guinean culture and politics. Media Stockade has conducted a piece of legitimate investigative reporting in the public interest following appropriate codes of practice.

“Dame Carol Kidu has been aware of the evolving nature of the storylines since the first shoot in May 2012. She continued to allow filming to take place including an interview in July 2014 when she directly addressed the issue of the forced eviction of the Paga Hill community and her new role as a paid consultant with the Paga Hill Development Company after retiring from politics.

“Media Stockade has conducted a thorough process and shown willingness to engage Dame Carol Kidu in meaningful consultation and maintain a positive dialogue throughout the making of the film.

“Media Stockade has arranged for Dame Kidu to view and comment upon the film at both rough and fine cut stages. 

“To represent the high level of consultation with Dame Carol Kidu, Media Stockade specifically addressed concerns that were raised by Dame Kidu at these two screenings and amendments were made based on her feedback. 

“Media Stockade’s willingness to engage Dame Kidu in meaningful consultation also included addressing her issues and conducting an interview to clarify her perspective (July 2014 interview mentioned above)”.

The Sydney company is currently attempting to negotiate a text card at the end of the film which will clarify Kidu’s position.

The Opposition received funding from Screen Australia and Screen NSW and was then selected for the inaugural Good Pitch Australia 2014 event.

This article was first published by Inside Film.

Paga Hill settlers laud Dame Kidu