Court: Speech by CJ Eames on admission to practice of Samuel Norton and Simon Kenny
Mr Norton and Mr Kenny, upon reading the confidential reports of
the Registrar and the affidavits and exhibits filed by you, I admit
you both to practice as barristers and solicitors of the Supreme
Court in the Republic of Nauru.
You are both admitted for the purpose of taking instructions and
representing persons who are facing charges arising out of
incidents in the Regional Processing Centre in September 2012 and
19 July 2013. The first proceedings in respect of the
September 2012 incident will commence this week in the District
Court.
You are both offering your services as defence lawyers
substantially or entirely on a pro bono basis. In other
words, you will receive little if any monetary reward for the work
you will perform. That is in the finest traditions of the
legal profession in Australia, and particularly so in the case of
the legal profession in Victoria, of which you are members.
You both bring a great deal of experience in criminal law. You
will appear with and work closely with practitioners admitted as
pleaders in Nauru, and they will gain the benefit of your
experience.
The judiciary is very grateful to you both for offering your
services. There have been a number of other practitioners in
Australia who have likewise offered to provide pro bono
representation in Nauru and we welcome those expressions of
interest.
As is well understood, the substantial number of charges and the
many trials that will take place in the District and Supreme Courts
will place very great strains on the limited judicial and
professional resources available in Nauru.
Nonetheless, the Courts must ensure that fair trials are
provided to every defendant who faces trial. The prosecution,
too, must be given a fair trial.
It is an essential pre-condition to ensuring fair trials that
the defendants have competent legal representation. I am
confident that you and the Nauru pleaders, who have practised in
Nauru for many years, will ensure that that is the case, but both
of you will only be in Nauru for a short time. Over the
coming months there will be a need for significantly greater legal
resources than can be provided by the local profession and pro bono
volunteers.
We must not forget that quite apart from the demands for legal
services that have arisen as a result of the incidents in the
Regional Processing Centre, the Courts must also ensure that the
needs of residents and citizens of Nauru for legal representation
in criminal, civil and family law proceedings are also
met.
Whilst the further contribution of experienced pro bono lawyers
will be welcomed and will provide valuable additional resources, it
would be unrealistic to think that the demands to complete the
expected large number of trials in a reasonable time will be met by
pro bono volunteers.
Quite apart from the additional pressures on judicial resources
attributable to the nearly 120 criminal prosecutions arising from
incidents at the Regional Processing Centre, the Supreme Court will
in the new year commence hearing appeals from decisions of the
Refugee Status Review Tribunal. That work will require a
separate registry system in the Court.
The Resident Magistrate and I have put proposals to government
to ensure that justice is not denied, or unreasonably delayed,
because of limited professional resources. The Nauru
government has given a sympathetic response to our proposals, but
the Nauru budget could not alone meet the exceptional needs which
we have identified.
Not only is there a need for additional, and full time,
prosecution and defence lawyers there is an urgent need for a new
court building, capable of allowing hearings to be conducted
simultaneously in both the District and Supreme Courts. A
purpose built courthouse is essential to ensure that those using
the courts can do so in safety and comfort. The current
cramped working conditions are unfair on staff and impede efficient
administration.
The judiciary has been encouraged by the sympathetic response of
the Nauru government to our proposal that a new court house be
built. That proposal was first put to government at a time
before the courts were faced with the recent surge in criminal
proceedings. The need for a new court house was urgent when
it was first requested: it is now critical, if the Courts are to
offer justice to all who need its services in the months
ahead.
I appreciate that the Republic of Nauru is unlikely to have the
resources required to meet these resource needs as a matter of
urgency.
We must look to wealthier nations to provide this practical
support to the judiciary and people of a small but proud Pacific
country, which wishes to maintain the highest standards of
justice.
Once again, I welcome you both to the Legal Profession of Nauru
and thank you on behalf of the community for volunteering your
services.
The Hon Geoffrey M Eames AM QC
Chief Justice
19 August 2013