More blocks to legal bid over Nauru deportation
There are more legal blocks for an Australian man seeking redress over his controversial deportation from Nauru.
An Australian man who was a former high ranking official in the Nauru government, is facing more legal blocks in his attempts to overturn his deportation 17 months ago.
Rod Henshaw had been the government's media director, but in early 2014 he and a number of other Australians who had filled key roles in its administration, were removed.
Mr Henshaw, whose wife Anne is buried on the island, also had a business taken away from him, without compensation being paid, when he was forced out.
In an additional barrier to getting his day in court the Nauru government has now refused a visa for his Australian barrister, Jay Williams.
Mr Henshaw told Don Wiseman about the saga.
ROD HENSHAW: We've had the motions, or we've had the actions before the court for quite some time. In fact they were instigated last year, pretty late last year, or the middle of last year. The precursor to that of course was starting the actions bascially as soon as I left Nauru or as I was deported from Nauru. Of course they didn't have a Supreme Court on the island for ten months or so so it's only this year that things have got moving again and we've been going through the process as required by the Supreme Court and the government has seen fit to lodge a strike out motion against one of our matters. We have three matters before the court and they've lodged a strike out motion which was to be heard on the 8th of June.
DON WISEMAN: What are the matters that are before the court?
RH: Well the strike out motion is basically against one of the matters which involves the deportation. We claim the deportation was unlawful but that's obviously up to the court to determine but that's our claim anyway. And that's the one that they're trying to strike out because that could have serious consequences. If we won that one it could have further consequences to the other two matters. The other two matters refer to the damages incurred in the compensation I believe I'm entitled to as a result of having my business taken away from me and as a result of what we allege to be breach of contract on that business and other associated contracts.
DW: The Nauru government is pushing to strike these out. They've also not given a visa to Jay Williams, the barrister from Australia?
RH: This is the curious part and obviously we've lodged a protest against that but the outcome of that is we have been granted a judicial review of that decision by the Secretary of Justice, Mr Lionel Aingimea, who happens to be a defendant in the actions anyway. I'm not a lwayer but I can't quite understand how a defendant can actually determine whether or not I get my legal representation approved by visa for Mr Jay Williams. That's one matter but that was supposed to be handled with the strike out motion next week but obviously Jay Williams won't be able to make that because it's still subject to judicial revieiw so it's going ahead without the benefit of having my barrister there which I find rather curious.
DW: And you yourself can't get there?
RH: No, we've got an application in. I don't know if that's been approved. I suspect not. If they're not going to let Jay Williams in I imagine it's going to be even harder for me.
To embed this content on your own webpage, cut and paste the following: