COMMUNITY leader William Gua has questioned the fairness in Chief Justice Sir Albert Palmer’s ruling in the challenge against the Constitution (Amendment) Bill 2022, saying such a ruling continues to encourage bad precedence.
“It is a bad precedence which goes against rulings in similar cases in other Commonwealth jurisdictions. Unfortunately, this is not the first time the Chief Justice has done this,” Mr Gua told Solomon Star yesterday.
Mr Gua cited for example the case of former Prime Minister Bartholomew Ulufa’alu who was removed from office at gunpoint in June 2000.
“Instead of using the judgement in Fiji where a similar uprising, led by George Speight had just concluded, our Chief Justice dismissed the late Ulufa’alu’s case and ruled in favor of the government.
“As everyone knows, Speight was arrested and sent to prison for his role in the revolt against a democratically elected government. Solomon Islands and its people expected no less but they were denied the truth,” Mr Gua said.
“Similarly, he took the same line in dealing with the case involving former Attorney General, Primo Afea’u, who sued the government for wrongful dismissal. It was clear from this case that Mr Afea’u was purposely removed to make way for the appointment of controversial lawyer, the late Moti. Again, the Chief Justice had ruled in favor of the government.
His latest judgement on the controversial Constitution (Amendment) Bill 2022 is no different from his earlier decisions on similar cases, Mr Gua said.
“This nation cannot afford to allow piling up bad precedence one after the other. We have far too many problems to contend with already and to keep getting biased decisions is a bad precedent,” he said.
Mr. Gua suggested that an offshore judge at Chief Justice level with Constitutional knowledge be appointed to hear future cases of this nature.
“My suggestion is a win, win for all. It removes once and for all public perception that our judiciary and the government share the same bed. I say this because if the government can afford a King’s Counsel to defend just one man, how much more the right of the public to a fair hearing and justice,” Mr Gua said.
Solomon Star is seeking a comment from the Chief Justice Chamber on the matter.
By Alfred Sasako
