Australian court exonerates Julian Moti

Australia’s war against terrorism is farcical.

It has no justification or even right to fight in Afghanistan or any other country because it has itself engaged in blatant act of terrorism that would make terrorist organisations look like amateurs.

Australian citizen Julian Moti was an unfortunate victim. His distinguished world standing as a Queen’s Counsel, an international constitutional law expert and formal Solomon Islands Attorney General, failed to draw even a modicum of respect from the Australian Government.

There is a consensus among critics that racism cannot be discounted, as Mr Moti is a person of Indian origin and originally from Fiji.

No other Australian has suffered such public ridicule and humiliation through a Government-initiated vendetta, which saw Mr. Moti being “kidnapped” from the Solomon Islands and deported to Brisbane in 2007, disguised as lawful extradition.

Unlawful deportation

However, the High Court of Australia ruled on December 8 that Mr Moti’s deportation was unlawful and permanently stayed the matter.

The Moti affair involved the John Howard Government, politicians, police and diplomats from Australia and the Solomon Islands who connived, conspired and executed a combined assault on Mr. Moti, who as the Attorney-General was seen as a threat to the Australia’s Regional Assistance Mission in the Solomon Islands (RAMSI).

They also helped foment a parliamentary coup that saw Prime Minister Manasseh Sogavare replaced only to facilitate the deportation of Mr Moti.

Mr Moti was denied the right of appeal despite the fact that he had several days left to do so. On December 27, the Australian High Commission provided a travel document to enable Mr Moti to be deported to Australia, although the Solomon Island law clearly stated that deportation could not be executed until the appeal period had expired.

He was treated as a fugitive, handcuffed and deported to Brisbane where he was charged with seven counts of “child sex” offences committed in Vanuatu, although the Vanuatu court had exonerated him for lack of credible evidence.

Vanuatu ruling ignored

The charges against Mr Moti were facilitated by a newly introduced Australian law under which such an offence is punishable with a 17-year prison term.

The Australian authorities ignored the Vanuatu court verdict and initiated its own action, defying the legal conventions and provisions of the law.

In consideration of the facts before the High Court, the judges concluded that further prosecution of the charges would be an abuse of process. It laid stress on three matters in amplifying that deportation of Mr Moti was illegal.

First, Australian officials (both in Honiara and Canberra) knew that the Acting High Commissioner of Australia viewed Mr Moti’s deportation was not lawful.

Second, the acting High Commissioner’s opinion was obviously right.

Third, despite the expression of this opinion, and its being obviously right, Australian officials facilitated the unlawful.

This sordid affair has come to its logical conclusion and it is a triumph of justice over

State-perpetrated persecution against Mr Moti.

A hefty price

His only folly was that he had the courage to confront the Australian Government against its policies and practices in the Solomon Islands.

He paid a hefty price for his valour but consequent exposure of the Australian Government as one that engaged in unlawful practices, in contravention of operative laws, is simply irredeemable.

In pursuit of the desired outcome, the Australian Government was so determined and defiant that it trampled upon freedom and rights of its citizen with reckless disregard for the rules of law and civility.

It is obvious that in the quest of its vendetta, the Australian Government spent hundreds of millions of dollars and the prolonged incarceration and costs associated with his defence virtually made Mr Moti a destitute.

This ultimate victory is a sweet outcome from a battle that was waged purely for the fulfillment of Australia’s political agenda and would haunt the collective conscience of the Australian Government and the people of Australia for a long time.

This outrageous abuse of the legal process has been likened to the US incarceration of those accused of terrorism at Guantanamo Bay.

Readers may respond to editor@indiannewslink.co.nz

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