Transcript
MATHEW BATSUIA: We have been making submissions because the people that we subpoenaed, including Minister Adeang and Secretary for Justice Graham Leung, and the Chief Secretary Bernard Grundler, and some other government officials - they all objected to the subpoena, so there is a process that we have to undergo in the courts to argue that, essentially these people are needed to be in court because we believe that they have either documentation or they have got information they could produce in person that would assist the court in determining the questions that we have put. And one of the issues that we have put to the court, which is a pre-trial issue, is that we believe that we won't be able to receive a fair trial under the circumstances because of the immense and extra-ordinary interest of the Government of Nauru, the Waqa government has shown in our case. Given that they have been interfering in the judiciary in the past and they continue to do so, we believe that we won't be able to get a fair hearing because there is intimidation on the courts. Our argument to have a temporary stay rests on the basis that we believe we won't be able to get a fair trial, under these circumstances.
BEN ROBINSON-DRAWBRIDGE: Are you saying that without their testimony there will not be a fair trial?
MB: No, no. We are trying to get them to court so they can provide evidence to prove a point, and our arguments are supporting that there is evidence to show that we won't get a fair trial because there is such immense interest in our case from the government, and because they have interfered in the past and they continue to show a pattern of interference. Our argument is that it will be virtually impossible under this government for us, the people facing protest related charges to receive a fair trial.
BRD: It seems quite strange doesn't it? You want witnesses to testify that the court they are testifying in has in face been leaned on or corrupted, if you will, by the government.
MB: Yeah well we believe that they have information that will help us prove the very points that we are raising and the very point that we are using to convince the court that a temporary stay on our court proceeding is the only option at this stage. So we are those points and we need and require the evidence from those people that we have subpoenaed, to prove our point.
BRD: There was some suggestion that those members of government you have subpoenaed were granted some kind of immunity from the president to appearing in court.
MB: Yeah well those are the issues that are before the court so I can only comment in a general way, but that's the argument that the government has to put to the court and convince the court that there is legal standing for the immunity that they are seeking, but we argue that they don't and they have to come to court and testify,, and through their testimonies and the evidence that we gain from them in the court can prove our argument that we won't be able to seek a fair trial because of the interference and because of the intimidation. It will make it very difficult or near impossible for the court to treat our cases fairly.
