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Nauru chief justice says 'significant funding' required for rioters' defence Nauru chief justice says 'significant funding' required for rioters' defence
(about 2 months later)
The chief justice of Nauru has indicated that "significant funding" is needed by the Nauruan government to meet the defence costs of over 100 asylum seekers charged following a riot earlier this month inside the regional processing centre on the island.The chief justice of Nauru has indicated that "significant funding" is needed by the Nauruan government to meet the defence costs of over 100 asylum seekers charged following a riot earlier this month inside the regional processing centre on the island.
Speaking to Guardian Australia, Geoffrey Eames said that criminal defence resources on Nauru were "probably insufficient" to deal with the cases, indicating that it was likely that support would need to involve Australian government and pro bono assistance.Speaking to Guardian Australia, Geoffrey Eames said that criminal defence resources on Nauru were "probably insufficient" to deal with the cases, indicating that it was likely that support would need to involve Australian government and pro bono assistance.
Eames, who is a retired Victorian court of appeal judge and visits Nauru on circuit for 21 days three times a year, said: "With the best will in the world, it [Nauru] is a small jurisdiction and a poor jurisdiction. Some 150 additional cases on top of its ordinary workload presents major challenges and the court will have to receive assistance."Eames, who is a retired Victorian court of appeal judge and visits Nauru on circuit for 21 days three times a year, said: "With the best will in the world, it [Nauru] is a small jurisdiction and a poor jurisdiction. Some 150 additional cases on top of its ordinary workload presents major challenges and the court will have to receive assistance."
Eames added that at present all criminal defence work on the island is being handled by "five or six" pleaders – advocates who are not trained lawyers and that there were no graduate lawyers able to offer criminal defence on the island.Eames added that at present all criminal defence work on the island is being handled by "five or six" pleaders – advocates who are not trained lawyers and that there were no graduate lawyers able to offer criminal defence on the island.
Under article 10 of the Nauruan constitution, anyone charged of a criminal offence must be afforded a fair hearing in a reasonable time and is entitled to free legal representation.Under article 10 of the Nauruan constitution, anyone charged of a criminal offence must be afforded a fair hearing in a reasonable time and is entitled to free legal representation.
It is understood that 23 of those 152 initially charged following the riot, which erupted on 19 July, have had their charges dropped. Nonetheless, processing the remaining 129 cases in line with the Nauruan constitution will present a huge logistical challenge.It is understood that 23 of those 152 initially charged following the riot, which erupted on 19 July, have had their charges dropped. Nonetheless, processing the remaining 129 cases in line with the Nauruan constitution will present a huge logistical challenge.
The Australian Department of Immigration, which last week told Guardian Australia the proceedings were a "matter for the Nauruan government" now say the issue of funding lies with the attorney general's department, which was not able to reply to questions about legal funding in time for publication.The Australian Department of Immigration, which last week told Guardian Australia the proceedings were a "matter for the Nauruan government" now say the issue of funding lies with the attorney general's department, which was not able to reply to questions about legal funding in time for publication.
There are now two Australian legal practitioners offering pro bono assistance to the 129 accused. But Sam Norton, one of those offering the assistance, told Guardian Australia that the cases were "not a one or two man job – this is going to be an enormous task".There are now two Australian legal practitioners offering pro bono assistance to the 129 accused. But Sam Norton, one of those offering the assistance, told Guardian Australia that the cases were "not a one or two man job – this is going to be an enormous task".
He added: "The reality though is that these hearings aren't going to work unless there's funding made available for people to go over there and assist."He added: "The reality though is that these hearings aren't going to work unless there's funding made available for people to go over there and assist."
The bail hearings of those charged are currently ongoing in the Nauruan district court with men being seen in batches of 10 since the end of last week. The charges relating to those alleged to be involved in the incident are of rioting, unlawful assembly as well as some arson on public building charges.The bail hearings of those charged are currently ongoing in the Nauruan district court with men being seen in batches of 10 since the end of last week. The charges relating to those alleged to be involved in the incident are of rioting, unlawful assembly as well as some arson on public building charges.
Some of the more complex charges will undoubtedly have to be heard in Nauru's supreme court, making the processing of these cases much longer.Some of the more complex charges will undoubtedly have to be heard in Nauru's supreme court, making the processing of these cases much longer.
Last week, the former justice secretary of Nauru, David Lambourne, raised concerns that the accused were unlikely to receive a fair trial as a result of the limited legal facilities on the island.Last week, the former justice secretary of Nauru, David Lambourne, raised concerns that the accused were unlikely to receive a fair trial as a result of the limited legal facilities on the island.
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