Kiribati to Deport Australian Judge Removed from High Court

The government of Kiribati has notified Australian-born judge David Lambourne that he will be deported within 21 days, after being removed from the High Court by the Kiribati parliament earlier this week. Lambourne, who has lived in Kiribati for 30 years and is married to the opposition party leader, claims the decision was politically motivated.

The U.N. Special Rapporteur on the Independence of Judges and Lawyers, Margaret Satterthwaite, stated that the process of Lambourne's removal violated international standards and was "marred by procedural irregularities." Satterthwaite condemned the decision as a major setback for judicial independence in the Pacific Islands nation.

Lambourne was suspended from the High Court in May 2022 and faced a tribunal that ruled he should be removed, largely due to delays in delivering some of his written judgments. However, Lambourne argued the delays were due to being stranded outside Kiribati because of COVID-19 border closures. The Kiribati president's office stated that Lambourne was removed due to "serious misbehaviours" including his "persistent disregard of the importance of delivering written judgements in a timely manner."

The UN Special Rapporteur criticized the proceedings against Lambourne, saying he was not allowed a fair hearing. Satterthwaite also denounced the Kiribati government's suspension of the Court of Appeal judges who had ruled in Lambourne's favor. "The removal of judges without due process is a huge blow to judicial independence," Satterthwaite said, urging the Kiribati government to respect the independence of the judiciary.

Why this matters: The removal and deportation of Judge Lambourne has sparked a judicial crisis in Kiribati, with the UN and legal experts viewing it as a serious threat to the rule of law in the Pacific nation. The case raises concerns about political interference in the judiciary and could have implications for Kiribati's democratic institutions as the country heads into national elections this year.

Lambourne plans to leave Kiribati before the deportation deadline to avoid being "whisked to the airport without notice." He had unsuccessfully tried to have his suspension overturned in court last month. The Kiribati opposition is planning to bring a no-confidence motion against the government of President Taneti Maamau over the judicial crisis. Lambourne has been given 21 days to appeal his deportation order before it takes effect.

Key Takeaways

• Kiribati govt deports Australian-born judge David Lambourne, citing "serious misbehaviors"
• UN expert says removal violated standards, a "major setback" for judicial independence
• Lambourne suspended for delays in judgments, claims due to COVID-19 border closures
• Kiribati suspended appeal judges who ruled in Lambourne's favor, sparking judicial crisis
• Lambourne plans to leave before deportation, Kiribati opposition to seek no-confidence vote