Julian Moti
Encyclopedia
Julian Moti QC
CSI
is the former Attorney General
of the Solomon Islands
. He was born in Fiji
and educated in Australia
.
Moti worked as an Adjunct Professor of Law at Bond University
on Australia's Gold Coast
from 1992, and taught comparative constitutional law, public and private international law, transnational litigation and arbitration, international trade, and finance and investment in Australasia and the Pacific.
He was the founding President of the Pacific Islands Branch of the International Law Association (ILA), served on the ILA Committee on Compensation for Victims of War and has been a Visiting Professorial Fellow at the Centre for Law and Governance at Jawaharlal Nehru University
in New Delhi
, India
and a Visiting Professor at Gujarat National Law University in Gandhinagar, Gujarat, India.
in 1997. The proceedings involved a number of distinguished visiting judges: John Von Doussa, now the president of Australia's Human Rights and Equal Opportunity Commission, Bruce Robertson, the president of the New Zealand Law Commission, and Daniel Fatiaki, former Chief Justice of Fiji.
The Australian lawyer, journalist and biographer David Marr points out that the original charges against Moti had been thrown out of court and considerable legal costs were ordered to be paid as the magistrate ruled that he had no case to answer, although he also observed that it has been suggested that the magistrate was corrupt; he also, however, points out numerous "serious weaknesses" in the case against Mr Moti, including
In October 2008, The Australian Newspaper
reported that Vanuatu magistrate Bruce Kalotiti, who heard the case against Moti in 1999, had been bribed by Moti to dismiss the case in exchange for Moti's paying for Kalotiti to study at the University of Western Sydney. The report cited university records and evidence obtained by the Australian Federal Police in September 2004. Kalotiti resigned from the bench as a result of the allegations and the evidence which supported them, gathered at the request of the Vanuatu government.
. (He later claimed that his life had been threatened, and so sought sanctuary.)
The Papua New Guinea and Solomon Islands Governments denied knowledge of his whereabouts, but on 10 October he was secretly flown aboard a Papua New Guinea Defence Force aircraft to Solomon Islands where he was arrested by officers of RAMSI on his arrival in Munda
, Western Province
. When he left PNG, Moti was in breach of the bail conditions imposed by Madam Justice Catherine Davani of the PNG National Court, and had failed to appear at a PNG court hearing on 30 September. The PNG Government declined to say who in the PNG Defence Force or Government had given the order to fly Moti out. In response, the Australian Government immediately cancelled planned visits by the PNG Prime Minister, Grand Chief the Right Honourable Sir Michael Somare
, and Defence Minister Martin Aini, and postponed the annual Australia-PNG Ministerial Forum, and called for an investigation into the flight and prosecution of whoever was responsible. A PNG Defence Force Board of Inquiry into the escape has since recommended that Sir Michael Somare and a number of his advisers be charged with offences in relation to the escape, including breaching PNG's constitution. Somare has sought to suppress the Inquiry's report, challenging the Inquiry's standing in PNG's National Court. As yet the Court has not ruled on the validity of Somare's challenge to the public release of the Commission of Inquiry's findings. with the presiding judge likening Somare's attempts to suppress the findings of the report as a scandal on par with Watergate.
The Howard government in Canberra insisted that in its pursuit of Moti there is no political agenda with respect to ongoing issues between it and the Solomons government of Manasseh Sogavare
, while Prime Minister Sogavare insisted that Moti's arrest constituted a violation of Solomon Islands' national sovereignty, and Mr Moti himself has described the charges as a politically motivated "witch-hunt".
Sogavare faced much criticism from the former Howard government for his refusal to allow the extradition of Moti. Sogavare and Sir Michael Somare stated that they considered that the Australian Government were politically persecuting Moti and that a new trial was uncalled for as the issue was "unconditionally concluded in Vanuatu in 1999" and the Australian government had failed to produce any new evidence to justify an extradition.
On 10 July 2007, the then-Prime Minister Sogavare appointed Moti as Attorney General of the Solomon Islands. The Government of SI subsequently sent 666 questions to QC Damian Bugg
regarding the affair. The 666 questions can now be read online.
promised in November that Mr Moti would be extradited if the opposition came to power. The Fiji Times
suggested that Mr Moti might then flee to Fiji
. After Derek Sikua
was elected Prime Minister later in December, he said that Mr Moti would be deported to Australia.
On 24 December, it was reported that Moti's position as Attorney General
had been terminated by the Sikua government, and that he faced a deportation order. Moti appealed unsuccessfully to the Solomon Islands High Court to halt the extradition process
Prime Minister Sir Michael Somare of Papua New Guinea at this point has reportedly "threatened local media with contempt of court over their calls for the official release of the PNG Defence Force Inquiry report that recommends he faces charges" and Somare reportedly does not now support Mr Moti. It does not yet reliably appear that any untoward payment has been made to Somare for his alleged part in Moti's passage through Papua New Guinea.
On 27 December, Mr Moti was extradited to Australia and was arrested on arrival. On 4 January 2008 Moti was granted bail, set at A$100,000, with he conditions that he report to police daily, reside with his parents, and, surrender his passport, (travel documents) within 7 days, matter to be heard again on 15 February 2008. On 14 March 2008, Moti's Lawyers asked for more time to prepare for his committal hearing, with the matter adjourned by the Court until April.
On 2 January 2008, former Prime Minister Manasseh Sogavare stated that Moti's extradition had violated a Magistrate Court order which had aimed at halting the extradition process while Julian Moti's asylum application was processed. Sogavare said the arrest and extradition were "an example of the continuing disregard of the laws of Solomon Islands", and claimed that they demonstrated a "desire to control" on the part of RAMSI's Australian Federal Police
and the Royal Solomon Islands Police.
Later that month, the Solomon Islands government declared Moti to be a "prohibited immigrant", and explained that he would not be allowed back into the Solomons (for as long as the Sikua government remains in office), irrespective of whether or not his name is cleared in Australia.
As of December 2008 Mr Moti was still awaiting trial, which his lawyers anticipated would not commence before the end of 2008
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
CSI
Cross of Solomon Islands
The Cross of Solomon Islands is the highest civilian award in Solomon Islands. The Cross of Solomon Islands was awarded posthumously to the former Secretary General of the Pacific Islands Forum, Greg Urwin, in 2008, by Solomon Islands Prime Minister Derek Sikua....
is the former Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
of the Solomon Islands
Solomon Islands
Solomon Islands is a sovereign state in Oceania, east of Papua New Guinea, consisting of nearly one thousand islands. It covers a land mass of . The capital, Honiara, is located on the island of Guadalcanal...
. He was born in Fiji
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
and educated in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
.
Moti worked as an Adjunct Professor of Law at Bond University
Bond University
Bond University is a private university located in Robina, Gold Coast, Queensland, Australia. It is also the first private university established in Australia...
on Australia's Gold Coast
Gold Coast, Queensland
Gold Coast is a coastal city of Australia located in South East Queensland, 94km south of the state capital Brisbane. With a population approximately 540,000 in 2010, it is the second most populous city in the state, the sixth most populous city in the country, and also the most populous...
from 1992, and taught comparative constitutional law, public and private international law, transnational litigation and arbitration, international trade, and finance and investment in Australasia and the Pacific.
He was the founding President of the Pacific Islands Branch of the International Law Association (ILA), served on the ILA Committee on Compensation for Victims of War and has been a Visiting Professorial Fellow at the Centre for Law and Governance at Jawaharlal Nehru University
Jawaharlal Nehru University
Jawaharlal Nehru University, also known as JNU, is located in New Delhi, the capital of India. It is mainly a research oriented postgraduate University with approximately 5,500 students and a faculty strength of around 550.-History:...
in New Delhi
New Delhi
New Delhi is the capital city of India. It serves as the centre of the Government of India and the Government of the National Capital Territory of Delhi. New Delhi is situated within the metropolis of Delhi. It is one of the nine districts of Delhi Union Territory. The total area of the city is...
, India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
and a Visiting Professor at Gujarat National Law University in Gandhinagar, Gujarat, India.
Controversial allegation of child sex offence
Moti, an Australian citizen, has been wanted in Australia for serious alleged overseas child sex offences. He has been at the centre of an international dispute following efforts by the Australian Government to extradite him from both Papua New Guinea and Solomon Islands to face charges in relation to an incident alleged to have taken place in VanuatuVanuatu
Vanuatu , officially the Republic of Vanuatu , is an island nation located in the South Pacific Ocean. The archipelago, which is of volcanic origin, is some east of northern Australia, northeast of New Caledonia, west of Fiji, and southeast of the Solomon Islands, near New Guinea.Vanuatu was...
in 1997. The proceedings involved a number of distinguished visiting judges: John Von Doussa, now the president of Australia's Human Rights and Equal Opportunity Commission, Bruce Robertson, the president of the New Zealand Law Commission, and Daniel Fatiaki, former Chief Justice of Fiji.
The Australian lawyer, journalist and biographer David Marr points out that the original charges against Moti had been thrown out of court and considerable legal costs were ordered to be paid as the magistrate ruled that he had no case to answer, although he also observed that it has been suggested that the magistrate was corrupt; he also, however, points out numerous "serious weaknesses" in the case against Mr Moti, including
In October 2008, The Australian Newspaper
The Australian
The Australian is a broadsheet newspaper published in Australia from Monday to Saturday each week since 14 July 1964. The editor in chief is Chris Mitchell, the editor is Clive Mathieson and the 'editor-at-large' is Paul Kelly....
reported that Vanuatu magistrate Bruce Kalotiti, who heard the case against Moti in 1999, had been bribed by Moti to dismiss the case in exchange for Moti's paying for Kalotiti to study at the University of Western Sydney. The report cited university records and evidence obtained by the Australian Federal Police in September 2004. Kalotiti resigned from the bench as a result of the allegations and the evidence which supported them, gathered at the request of the Vanuatu government.
Escape from Papua New Guinea to Solomon Islands
After his arrest in Papua New Guinea in September 2006, Moti was released on bail pending an extradition hearing, but went into hiding in the Solomon Islands High Commission in Port MoresbyPort Moresby
Port Moresby , or Pot Mosbi in Tok Pisin, is the capital and largest city of Papua New Guinea . It is located on the shores of the Gulf of Papua, on the southeastern coast of the island of New Guinea, which made it a prime objective for conquest by the Imperial Japanese forces during 1942–43...
. (He later claimed that his life had been threatened, and so sought sanctuary.)
The Papua New Guinea and Solomon Islands Governments denied knowledge of his whereabouts, but on 10 October he was secretly flown aboard a Papua New Guinea Defence Force aircraft to Solomon Islands where he was arrested by officers of RAMSI on his arrival in Munda
Munda (Solomon Islands)
Munda is the largest settlement on the island of New Georgia in the Western Province of the Solomon Islands, and consists of a number of villages...
, Western Province
Western Province (Solomon Islands)
Western Province is the largest of the provinces of the Solomon Islands. The area is renowned for its beautiful tropical islands, excellent diving and snorkelling, coral reefs and WWII wrecks, ecotourism lodges, and head-hunting shrines...
. When he left PNG, Moti was in breach of the bail conditions imposed by Madam Justice Catherine Davani of the PNG National Court, and had failed to appear at a PNG court hearing on 30 September. The PNG Government declined to say who in the PNG Defence Force or Government had given the order to fly Moti out. In response, the Australian Government immediately cancelled planned visits by the PNG Prime Minister, Grand Chief the Right Honourable Sir Michael Somare
Michael Somare
Sir Michael Thomas Somare, GCL, GCMG, CH, CF, KStJ, MP was Prime Minister of Papua New Guinea from 2002 to 2011; he had previously been Prime Minister from independence in 1975 until 1980 and again from 1982 until 1985. Somare's first two terms were as a member of the Pangu Party, but he then...
, and Defence Minister Martin Aini, and postponed the annual Australia-PNG Ministerial Forum, and called for an investigation into the flight and prosecution of whoever was responsible. A PNG Defence Force Board of Inquiry into the escape has since recommended that Sir Michael Somare and a number of his advisers be charged with offences in relation to the escape, including breaching PNG's constitution. Somare has sought to suppress the Inquiry's report, challenging the Inquiry's standing in PNG's National Court. As yet the Court has not ruled on the validity of Somare's challenge to the public release of the Commission of Inquiry's findings. with the presiding judge likening Somare's attempts to suppress the findings of the report as a scandal on par with Watergate.
The Howard government in Canberra insisted that in its pursuit of Moti there is no political agenda with respect to ongoing issues between it and the Solomons government of Manasseh Sogavare
Manasseh Sogavare
Manasseh Damukana Sogavare was the sixth Prime Minister of the Solomon Islands from 2000 to 2001 and again from 2006 to 2007. He has served in the National Parliament as Member for East Choiseul since 1997, and he is currently the Leader of the Opposition.-Biography:Sogavare was Permanent...
, while Prime Minister Sogavare insisted that Moti's arrest constituted a violation of Solomon Islands' national sovereignty, and Mr Moti himself has described the charges as a politically motivated "witch-hunt".
Sogavare faced much criticism from the former Howard government for his refusal to allow the extradition of Moti. Sogavare and Sir Michael Somare stated that they considered that the Australian Government were politically persecuting Moti and that a new trial was uncalled for as the issue was "unconditionally concluded in Vanuatu in 1999" and the Australian government had failed to produce any new evidence to justify an extradition.
On 10 July 2007, the then-Prime Minister Sogavare appointed Moti as Attorney General of the Solomon Islands. The Government of SI subsequently sent 666 questions to QC Damian Bugg
Damian Bugg
Damian Bugg, AM, QC, is a former Commonwealth Director of Public Prosecutions, a position he held from 2 August 1999 to 12 October 2007. Prior to his elevation, he was the Tasmanian Director of Public Prosecutions from July 1986 to 1999. In 2005, he was appointed a Member of the Order of...
regarding the affair. The 666 questions can now be read online.
Extradition from the Solomon Islands to Australia
In December 2007, Solomon Islands Prime Minister Sogavare was toppled in a vote of no confidence. It has been suggested that Sogavare's refusal to extradite Moti was the main cause of the Prime Minister's downfall. Opposition leader Fred FonoFred Fono
Fred Iro Fono is a politician in the Solomon Islands who has been Deputy Prime Minister and Minister for Rural Development and Indigenous Affairs since December 2007...
promised in November that Mr Moti would be extradited if the opposition came to power. The Fiji Times
Fiji Times
The Fiji Times is a daily English-language newspaper published in Suva, Fiji. Established in Levuka on 4 September 1869, it is Fiji's oldest newspaper still operating....
suggested that Mr Moti might then flee to Fiji
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
. After Derek Sikua
Derek Sikua
David Derek Sikua served as the ninth Prime Minister of Solomon Islands from December 20, 2007 to August 25, 2010. He is a member of the Solomon Islands Liberal Party.-Career:Sikua is from Ngalitavethi Village in Guadalcanal Province...
was elected Prime Minister later in December, he said that Mr Moti would be deported to Australia.
On 24 December, it was reported that Moti's position as Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
had been terminated by the Sikua government, and that he faced a deportation order. Moti appealed unsuccessfully to the Solomon Islands High Court to halt the extradition process
Prime Minister Sir Michael Somare of Papua New Guinea at this point has reportedly "threatened local media with contempt of court over their calls for the official release of the PNG Defence Force Inquiry report that recommends he faces charges" and Somare reportedly does not now support Mr Moti. It does not yet reliably appear that any untoward payment has been made to Somare for his alleged part in Moti's passage through Papua New Guinea.
On 27 December, Mr Moti was extradited to Australia and was arrested on arrival. On 4 January 2008 Moti was granted bail, set at A$100,000, with he conditions that he report to police daily, reside with his parents, and, surrender his passport, (travel documents) within 7 days, matter to be heard again on 15 February 2008. On 14 March 2008, Moti's Lawyers asked for more time to prepare for his committal hearing, with the matter adjourned by the Court until April.
On 2 January 2008, former Prime Minister Manasseh Sogavare stated that Moti's extradition had violated a Magistrate Court order which had aimed at halting the extradition process while Julian Moti's asylum application was processed. Sogavare said the arrest and extradition were "an example of the continuing disregard of the laws of Solomon Islands", and claimed that they demonstrated a "desire to control" on the part of RAMSI's Australian Federal Police
Australian Federal Police
The Australian Federal Police is the federal police agency of the Commonwealth of Australia. Although the AFP was created by the amalgamation in 1979 of three Commonwealth law enforcement agencies, it traces its history from Commonwealth law enforcement agencies dating back to the federation of...
and the Royal Solomon Islands Police.
Later that month, the Solomon Islands government declared Moti to be a "prohibited immigrant", and explained that he would not be allowed back into the Solomons (for as long as the Sikua government remains in office), irrespective of whether or not his name is cleared in Australia.
As of December 2008 Mr Moti was still awaiting trial, which his lawyers anticipated would not commence before the end of 2008