By Sarah C. LaBelle
Impunity Watch Senior Desk Officer, Oceania

For background on the Moti affair and its effect on the region, please see theImpunity Watch reports on Moti’s appointment as attorney general for the Solomons, PNG government involvement in Moti’s escape, the Vanuatu case status, Australia’s extradition attempt and the missing PNG inquiry report, PNG court refusal to suppress the inquiry report, and Moti’s fear of assassination attempts.  The inquiry report itself was released to the defense minister on 28 September, and he rejected its findings last week.

PORT MORESBY, Papua New Guinea – Last week, PNG Defense Minister Bob Dadae released a statement rejecting the findings of the board of inquiry that dealt with the Moti affair.  (The Impunity Watch report on this statement may be found here.)  Unfortunately, it seems that these statements could for the basis of a contempt of court charge against both Dadae and the Sunday Chronicle, which printed his statements in a six page spread.

Ian Augerea, registrar for the Supreme and National Courts, said that the contempt charges would be based on making public statements “on issues that may be the subject of [an] appeal” before the Supreme Court.  The appeal in question is the one filed by Prime Minister Sir Michael Somare and PNG Defense Force officers Captain Tom Ur and Colonel Vagi Oala.  Augerea took out full-page notices in both The National and the Post-Courier in which he said that Dadae’s statement went against advice from the courts and could be in contempt of the Supreme Court.  He also mentioned that the chief justice is in the process of empanelling a bench to deal with the contempt issue.

Augerea warned in his notices that “All issues are under judicial consideration and therefore comments by the public are prohibited.  Continuation of publication or discussion may be regarded as seeking to influence the Supreme Court […] Any further public discussions on the Moti case is to cease immediately.”

Regarding the registrar’s statements, former Prime Minister Sir Julius Chan said in support of the court, “You know, I did warn that when the government becomes so powerful, it has no respect for the separation of powers.”  Opposition leader Sir Mekere Morauta said that the issue was that PNG laws were broken during the Moti flight, and that independent institutions, like the public prosecutor, need to conduct their own investigations.

Today, The National reported that three Supreme Court justices have been chosen to handle the contempt of court hearings, though their names have not yet been released.

For more information, please see:

Pacific Islands Report (PNG Post-Courier) – PNG High Court Threatens Against Moti Disclosure – 05 November 2007

The National – Dadae, paper face contempt charges – 05 November 2007

Islands Business – Courts bar Moti debate – 06 November 2007

Pacific Magazine – PNG Minister and Paper Could Be In Contempt – 07 November 2007

The National – Three SC judges to handle ‘Moti’ – 08 November 2007