Pacific / Nauru

Lack of appeal court leads to stay for Nauru men

14:47 pm on 9 April 2018

Nauru's Chief Justice, Filimone Jitoko, has granted a stay on sentence and bail for three men convicted for their role in a political protest.

Photo: 123rf

The three, John Jeremiah, Job Cecil and Josh Kepae, had pleaded guilty to charges last year and were given jail terms, but the government appealed, seeking tougher sentences, which were handed down by judge Jitoko last month.

The men had intended appealing to the Australian High Court but a little over a week ago it was revealed the government had secretly ended access to this court months earlier.

This left the men with no avenue for appeal as the Nauru Parliament is yet to pass legislation to establish the island's own appeal court.

In hearing the men's application for a stay and bail Judge Jitoko had indicated he was not aware at the time he had imposed the heavier sentences that the treaty allowing access to the Australia High Court had been terminated by the Nauru Government.

The prosecution had argued for the immediate remand of the men in custody, saying that since no right to appeal existed then the sentences should be served.

The prosecution had also applied for a "gag order" to stop media comment on the issue, but this was also rejected by the court.