A prolonged legal battle in Kiribati remains unresolved, affecting the well-being of Australian expatriate David Lambourne, who was formerly a High Court judge in the country. Lambourne was suspended by the government of President Taneti Maamau in 2022, with allegations that he had withheld judgment on a case and acted with bias due to his wife’s position as the leader of the opposition.
For the past year, Lambourne has been living in Australia, separated from his family, after leaving Kiribati under the threat of deportation. The legal conflict has also seen a significant turnover of New Zealand judges in Kiribati, including Chief Justice Bill Hastings, who was ousted after ruling in favor of Lambourne. The situation escalated with the suspension of three Court of Appeal judges who had upheld Hastings’ decision, leading to allegations of misconduct against them.
Lambourne was formally dismissed from his role as a puisne judge in April 2024, while his salary has been withheld since his initial suspension. However, recent developments in a Court of Appeal hearing have allowed him to appeal against the validity of the suspension tribunal’s recommendations. The Court ruled that while the establishment of the Tribunal was valid, Lambourne is now permitted to seek further redress in the High Court.
Moreover, the tribunal commissioner was found to have acted unlawfully by withholding Lambourne’s salary during the contentious period, which raises substantial concerns about procedural fairness within the judicial system.
This ongoing saga not only highlights the complexities faced by judicial figures in Kiribati but also emphasizes the broader issues of judicial independence and the necessity for fair treatment in legal proceedings across the region.
As these legal battles continue, there is hope that they may drive reforms towards a more transparent and equitable judicial system in Kiribati, fostering greater trust in its governmental institutions.
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