Julian Ronald Moti (2 June 1965 – 21 December 2020) QC CSI was the Attorney General of the Solomon Islands . He was born in Fiji and educated in Australia .
56-662: 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
112-491: 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,
168-520: A decade of its founding, Alan Bond was sentenced to separate jail terms for investment and corporate fraud (1995 and 1996). The Bond University Council was not the only entity interested in the site which was advertised for sale in major newspapers. In 1995, the Employment, Education and Training References Committee of the Australian Senate undertook a report into the proposed sale of the campus to
224-455: A few weeks later saying her previous statement was 'not of my own free will' and asked police to investigate. In several statements she described being beaten and raped by Moti but in others that she loved him. 'I wanted to say that I love Julian Moti very much,' she stated in March 1998. 'He is a reach [rich] man he can take me anywhere I wanted and this is my belief of my future with Julian because he
280-555: A modern legal system and the development of the customary law according to indigenous Melanesian conceptions of justice and equity has been less thorough than may have been anticipated in 1975; the Underlying Law Act does not yet appear to have had significant effect. An ardent proponent of the underlying law, David Gonol in his book titled The Underlying Law of Papua New Guinea: An inquiry into adoption and application of customary law expounded at length on these issues. Further, in
336-483: A proposal to the Albert Shire Council for a university at Gaven Forest . While this project did not proceed, a subsequent proposal made in 1986 to build a university at Burleigh Forest did gain traction. Orr discussed the matter with Bond and Peter Beckwith and recruited Jo Anne Cracknell to research the feasibility of venture. On 3 July 1986, Bond decided to proceed with the project and his intention to build
392-546: A range of housing on campus. Bond University is centrally located on the Gold Coast, in the suburb of Robina. In 2017, Bond University, in conjunction with all Australian universities, participated in a national report undertaken by the Australian Human Rights Commission to tackle the issue of sexual harassment and assault. The Vice Chancellor of Bond University acknowledged the survey results saying, “Today
448-586: A stay of charges, ruling that Australian officials' participation in Moti's extradition from the Solomons had been unlawful under Solomon Islands law. Summarising its ruling, the court said: "Further prosecution of the charges would be an abuse of process because of the role that Australian officials in Mr Moti being deported to Australia". This was a permanent stay of prosecution putting an end to all court proceedings against Moti;
504-466: 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
560-581: Is a wake-up call, and we understand that the issue of sexual harassment and assault is real and attitudes need to change, both in society and within the university sector. One case is one case too many. We are supportive of the recommendations of the Australian Human Rights Commission, and have already implemented the majority of the measures they have proposed.” 28°04′26.34″S 153°24′59.36″E / 28.0739833°S 153.4164889°E / -28.0739833; 153.4164889 PNG%27s National Court The Supreme Court of Papua New Guinea has been
616-566: Is bound to follow the English House of Lords case of Rookes v Barnard [1964] AC 1129 on the ineligibility of plaintiffs to an award of exemplary damages against ministers of the state or public servants other than in strictly limited circumstances, notwithstanding its having been decisively overruled by both the High Court of Australia and the Supreme Court of Canada . Appeals from some of
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#1732851878781672-471: Is in the top 20 Small Universities according to the Times Higher Education rankings. The Bond University Student Association (BUSA) is a student organisation that aims to make student life at Bond more rewarding, ranging from enhancing academic pursuits, facilitating sporting involvement and satisfying social necessities. Sports teams in national and state-level competitions based at Bond include
728-589: Is so kind....' 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
784-645: 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
840-977: The Queensland Country team that plays in the National Rugby Championship , the Bond University Breakers rugby club that plays in the Queensland Premier Rugby competition, and the Bond University Bullsharks club that plays in the Queensland Football Association Division 1 (QFA Division 1) competition. Bond University fields soccer teams within Football Queensland South Coast and Football Queensland competitions. The Bond University Student Association (BUSA) assists with
896-561: The University of Fiji . Bond University Bond University is Australia's first private not-for-profit university and is located in Robina, a suburb in the City of Gold Coast, Queensland. Since its founding on 15 May 1989, Bond University has primarily been a teaching-focused higher education institution featuring a three-semester-per-year timetable. The university is ranked 20th in
952-466: The University of Queensland which had outbid the Bond University Council in their earlier negotiations to acquire the site. In August 1999, the Bond University Council was successful in securing the 50 acre campus site which was acquired by a newly formed public company known as Bond University Limited. In 2019, the university celebrated its 30-year mark since it opened. The same year,
1008-613: The 2017 Third National Underlying Law Conference, many notable speakers expressed similar sentiments that the underlying law is not being developed at sufficient pace. The hierarchy of case law precedent is that while the Supreme Court has authority to overrule any case authority, its own decisions are binding on the lower courts as are the decisions of the English superior courts prior to Papua New Guinea's independence, which are deemed to be part of Papua New Guinea's underlying law. Decisions of
1064-585: The English Bill of Rights 1689 : the executive is, of course, responsible to the legislature in Papua New Guinea's Parliament . The Supreme Court (together with the National Court) has a special responsibility for developing the underlying law , i.e. the common law of Papua New Guinea, having resort to those rules of local custom in various regions of the country which may be taken to be common to
1120-669: 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. Moti, an Australian citizen, has been wanted in Australia for serious alleged overseas child sex offences. He has been at
1176-521: The National Court, which is the superior-level trial court. Judges of the National Court form panels of the Supreme Court on an ad hoc basis to hear appeals from the National Court, appeals from assorted administrative tribunals, and to hear references in the Supreme Court's original jurisdiction . In the latter case the Court is, strictly speaking, not exercising a judicial function but rather, pursuant to
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#17328518787811232-574: The Privy Council were often heard by an Australian judge and vice versa; admirable cases decided in the other country are occasionally followed as are parliamentary statutes adopted even yet though seldom expressly acknowledged. The Chief Justice of Papua New Guinea , appointed under Papua New Guinea's Constitution by the Governor-General of Papua New Guinea on behalf of King Charles III in his capacity as King of Papua New Guinea , presides over
1288-573: 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. On 15 December 2009 Justice Debra Mullins of the Queensland Supreme Court ruled that there had been an abuse of process and stayed
1344-505: The Supreme Court and the National Court. The independence of the Bench was tested in 1979 during the Rooney Affair (see Law of Papua New Guinea ), whose outcome was the resignation of Sir William Prentice , the second (and expatriate) Chief Justice of Papua New Guinea together with three other expatriate judges. Sir Buri Kidu then became the first native-born Chief Justice (1980–1993). At
1400-521: The Times Higher Education (THE) rankings of the Best Small Universities in the World, and has been Australia's top university for the educational experience for 17 consecutive years. Bond comprises four main university schools and academic faculties, through which it offers a range of accelerated undergraduate and postgraduate degrees and programs, diplomas, and non-award programs. Bond University
1456-583: The affair. The 666 questions can now be read online. 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 Fono 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
1512-697: The bench as a result of the allegations and the evidence which supported them, gathered at the request of the Vanuatu government. 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 Moresby . (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
1568-473: 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 Vanuatu 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,
1624-463: The company that controlled the land on which the university buildings were constructed and the surrounding development lands following the collapse of Bond Corporation. By 1993, EIE was in receivership and the Bond University Council commenced negotiations to acquire the campus from the mortgagee, the Long-Term Credit Bank of Japan . The university retained the name 'Bond' even though, within
1680-424: The end of his ten-year term, Kidu was succeeded by Sir Arnold Amet (1993–2003). Amet was succeeded by Sir Mari Kapi , who served as Chief Justice from August 16, 2003 until his resignation in 2008 for health reasons. Kapi was succeeded the same year by Sir Salamo Injia . In 2018, Sir Gibbs Salika succeeded Injia in becoming the fifth national Chief Justice of Papua New Guinea. As of 13 April 2020,
1736-459: The grounds that it violates the principle of the separation of powers as among the legislative, executive and judiciary; in Canada, it is held that the principle is inapplicable in a parliamentary democracy. The constitutional convention which deliberated on the drafting of Papua New Guinea's Constitution immediately prior to Independence took counsel from Canadian academics and the reference procedure
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1792-495: The highest court of Papua New Guinea since 16 September 1975, replacing the pre-Independence Supreme Court (corresponding to the post-Independence National Court ) and the overseas appellate tribunals from 1902 to 1975 of the High Court of Australia and the Judicial Committee of the Privy Council . Judges of the pre-Independence Supreme Court automatically became the first justices of the National Court and accordingly among
1848-584: The indictment against Moti. She held that "questions about the integrity of the administration of the Australian justice system [arise] when witnesses who live in a foreign country, expected to be fully supported by the Australian Government until they gave evidence at the trial in Australia." The stay was set aside by the Queensland Court of Appeal in June 2010. In December 2011, the High Court of Australia ordered
1904-468: 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
1960-432: The pool of judges that were available to be empanelled as a Supreme Court bench. The Supreme Court was established as a superior court of record under Papua New Guinea's Constitution . The Chief Justice of Papua New Guinea , Deputy Chief Justice and the judges of the National Court (excluding acting judges) comprise the Court. Not separately constituted, the Supreme Court is an appellate committee or "full court" of
2016-476: The pre-Independence Supreme Court of Papua New Guinea are deemed to be foreign law, equivalent in authority to decisions by any foreign court with a similar legal system, and of persuasive value only. The principle of the mere persuasiveness of overseas (and pre-Independence Papua New Guinea) authority vis-à-vis the binding authority of pre-1975 English authority has been applied many times in, for example, Toglai Apa and Bomai Siune v The State [1995] PNGLR 43 that it
2072-470: The president of the New Zealand Law Commission, and Daniel Fatiaki, former Chief Justice of Fiji. The Australian lawyer, journalist and biographer David Marr cites 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 quotes suggestions that the magistrate
2128-609: 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 Solomon's government of Manasseh Sogavare , while Prime Minister Sogavare insisted that Moti's arrest constituted
2184-545: The ruling of the Judicial Committee of the Privy Council in Attorney-General of Ontario v Attorney-General of Canada (Reference Appeal) [1912] AC 571, one of advising the executive branch of government, a jurisdiction expressly conferred on the Supreme Court by Papua New Guinea's Constitution. Other jurisdictions, notably the USA (federally, though not in all states) and Australia, eschew the reference function for their courts on
2240-448: The ruling was a majority decision of six judges to one. Manasseh Sogavare stated, in response to the ruling: "I am so pleased. This matter has hung like a dark cloud over me and my government. This decision has vindicated me". Mr Moti regained his Fijian citizenship in 2012. He was admitted as a legal practitioner in Fiji on Monday 24 June 2013. In September, he was appointed Professor of Law at
2296-521: The university severed ties with the United Kingdom's Prince Andrew and his former organization Pitch@Palace Global. The Bond University campus features a series of sandstone buildings centred around human-made Lake Orr. The campus was conceived and developed by master planner Daryl Jackson of Jackson Architecture with significant input from Queensland architect Robin Gibson. The signature arch building
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2352-617: The university since 2016 is Annabelle Bennett , AC SC , a retired judge of the Federal Court of Australia and an academic. The current vice-chancellor and president of the university since January 2012 is Tim Brailsford . The university has four faculties to support both research and teaching activities. The 2022 Good Universities Guide gave Bond University 5-star ratings in every student experience category. More than 90 per cent of students rated their educational experience at Bond University as positive. Bond University
2408-631: The university's participation in intervarsity sport on a regional and national level. Bond University was named the overall champions at the Northern University Games (NUG) in July 2011, and went on to be named Australian University Sport Per Capita Champions at the Australian University Games in 2011, 2013, 2014, 2015 and most recently 2017. Bond University Student Housing caters for both domestic and international students, with
2464-785: The university, then known as the Bond University of Applied Technology , was formally announced at the National Party of Australia conference on the Gold Coast by the Premier of Queensland , Joh Bjelke-Petersen on 17 July 1986. On 9 April 1987, the Parliament of Queensland granted Bond University university status via the passage of the Bond University Act . In 1989 the university commenced teaching with an initial intake of 322 students. In 1991, EIE acquired Bond Corporation's share of
2520-681: The various Supreme Courts within the Commonwealth to the Judicial Committee of the Privy Council were abolished by Ireland as the Irish Free State in 1933, Canada in 1949, India in 1950, Nigeria in 1963, Guyana in 1970, Ceylon in 1971, Australia federally in 1968, and from Australian States in 1975. They accordingly did not exist from the High Court of Australia when Papua New Guinea was granted independence, and consideration of appeals to London from Papua New Guinea did not arise. Canadian appeals to
2576-472: The whole country. The responsibility has been given additional express warrant in the Underlying Law Act 2000 which purports to mandate greater attention by the courts to custom and the development of customary law as an important component of the underlying law. In practice the courts have found great difficulty in applying the vastly differing custom of the many traditional societies of the country in
2632-692: Was corrupt. The magistrate in question, denies the accusation in an affidavit. Marr also, however, points out numerous "serious weaknesses" in the case against Mr Moti, including six disturbing statements [the complainant] made over ... four months. All are in English, though it appears she only spoke French. None was in her own writing. None was sworn. The underlying story doesn't change from statement to statement, but details are contradictory. Others appear fanciful. She claimed he had three testicles, but Port Vila GP Dr Frank Spooner would later examine Moti and concluded he had two.... Dates are changed; at one stage she withdrew her allegations entirely, then renewed them
2688-751: Was designed by Japanese architect Arata Isozaki , inspired by the Arch of Constantine in Rome, Italy. Students at Bond University have access to a number of academic, technological and recreational facilities. Recent alterations to the campus facilities include: Other campus facilities at Bond University include: In 2001, the university established an online MBA course, the Bond-BBT Global Leadership MBA, collaborated with Kenichi Ohmae and Business Breakthrough Inc. in Japan. The current and eighth chancellor of
2744-626: 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
2800-465: Was established and funded in 1987 by the chairman of the Australian-based Bond Corporation , Alan Bond , and the president of the Japanese-based Electronics and Industrial Enterprises International (EIE), Harunori Takahashi and Dr Taro Tanioka, in a joint venture to manage the land and construction of the buildings of the university. The university's buildings and surrounding land initially covered approximately 212 hectares and encompassed what
2856-469: Was granted bail, set at A$ 100,000, with the 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
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#17328518787812912-410: Was previously a pine plantation known as the Burleigh Forest. In the 1970s, Bond had obtained control of a number of pine plantations in the region, previously owned by the Savoy Corporation Limited and Gold Coast Cooperative Plantations Society Limited, and established a new company known as the Development Equity Corporation (DEC) to develop them. DEC was managed by Brian Orr who, in 1976, put forward
2968-421: Was readily adopted. In Papua New Guinean jurisprudence, as in Australia, the formula "separation of powers" is frequently referred to. However, as in Australia (and unlike in the USA where the principle was enunciated and where the executive is not responsible to the legislature) it has a special limited application, being confined to describing the well-established convention of an independent judiciary, dating from
3024-422: 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
3080-415: 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
3136-422: 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 Australian Director of Public Prosecutions , Damian Bugg QC , regarding
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