JUDICIARY IS ACCOUNTABLE

Having watched the present dispute between the O'Neill-Namah Government and the Chief Justice, the first time in the history of this new nation, there are obvious weaknesses in the system of control as they say in the military.

Everyone in this nation is accountable. The citizen is accountable to the Courts, police, government, employer and family.

The Governor General is accountable to the Queen. Politicians are accountable to the voter, more or less.

But the Chief Justice is accountable to no-one. He is a law unto himself.  He can even make Court orders to restrain investigation into his own conduct.

He can declare citizens to be in contempt of Court for investigating his conduct. That is corrupt. Can every citizen now get a Court order to stop police investigations? A new window of opportunity opens.

There is a qualitative difference between being in contempt of Court and in contempt of the CJ. How can he be tried before his subordinate judges?

The subordinate judges will not disqualify themselves for conflict of interest, though they should. They know what side their bread is buttered on. They will support their boss, nomatter what.

We could say that this is corrupt. But it is more a weakness in the system of control. A superior officer can not be judged by his subordinates.

Any judge who votes to convict knows his days are numbered if his superior officer is found not guilty by a panel of judges.

What if the CJ makes himself presiding judge in his own trial? This argument is called Reductio ad Absurdem - reduce to absurdity.

So now the Chief Justice is accountable to the Governor-General who is accountable to the Queen.  We can say the present legislation will lead to corruption. No more than before.

Of course it may lead to corruption. All that is made by human hand is open to corruption.

Let us hope there are enough checks and balances.But the present events may never happen again in our lifetime. A thriving active judiciary is in the interests of all.

We must never forget the injustice to Mr Justice Sevua, He signed a contract that went over his retirement age, Then his contract was terminated on reaching retirement. Something stinks. He faced the judgment of a herd of judges.