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Showing posts with the label Peter Pena. Solicitor

Judicial Corruption in the Pacific

By SUSAN MERRELL The independence of the judiciary is a paradigm that underpins the rule of law in democratic states. Another well-accepted paradigm comes from one of the most famous historical judicial rulings: “Justice should not only be done, but should manifestly and undoubtedly be seen to be done.” It was why in 2004 the Revolutionary United Front (RUF) of Sierra Leone was successful in removing Judge Geoffrey Robertson from hearing their case. The ruling judge was not only asked to rule on whether the fact that Robertson had written extensively on the subject made him biased, but “…whether an independent bystander…or the reasonable man…[would] have a legitimate reason to fear…the lack of impartiality.” In some matters affecting the Pacific, occurrences where the “reasonable man” would have a reason to fear impartiality tend to go unnoticed. For instance, in the Supreme Court of Queensland last year where the former Attorney-General of the Solomon Islands, Julian Moti, was applyin