The Government of the Republic of Nauru

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Resident Magistrate Cabealawa presides over first set of RPC cases

Nauru's newly appointed Resident Magistrate Ropate Cabealawa had his first court sitting today (4 March) presiding over the cases for asylum seekers who were charged over last years' riot in July at the Nauru Regional Processing Centre (RPC).

 

The cases were called on and an application was made by the prosecution for an extension of time, in which the cases were adjourned for later in the month.

 

The 61defendants who are facing charges of 'riot' and 'unlawful assembly' were represented by local defenders Vinci Clodumar and Pres Nimes Ekwona.

 

The prosecution team was led today (4 March) by Mr Livai Sovau who joined the office of the Director of Public Prosecutions (DPP) less than a month ago.

 

Mr Sovau made three applications to firstly continue the non-publication order that was put in place by former magistrate Peter Law restricting the identities of the asylum seekers to be revealed; as well as an extension of time to enable the prosecution to serve the bundle of agreed documents as well as other documents for the defence; and to streamline the cases to minimise the case files in court which ultimately makes it easier logistically when the matter would proceed to trial.

 

His Honour Resident Magistrate Cabealawa granted all three applications and adjourned the cases to two separate dates given the heavy case loads and number of accused persons. The two dates are set for the 18th of March and the 25th of March 2014 for mention.

 

Some of the defendants who were not present today (4 March) were in Australia however the prosecutor informed the court that some of their charges had been withdrawn by application of a 'nolle prosequi' by the Director of Public Prosecutions Wilisoni Kurisaqila. His Honour was informed that the court's files had yet to be updated for that matter.

 

The incident arising from the July 2013 riot caused damage to the RPC worth $60-million.