16 Nov 2006

Solomon Islands court declines to hear challenge to Moti suspension

8:07 pm on 16 November 2006

The Solomon Islands High Court has declined to hear a challenge to the suspension of Attorney General, Julian Moti.

The application to overturn the Public Service Commission's decision to suspend Mr Moti, was brought in the name of "The Queen" and named the Commission as the respondent.

In a short preliminary hearing today before Justice Brown, the Court said that there was no Constitutional or other legal authority to allow such a case to be brought in Her Majesty's name.

Justice Brown said that this appeared to be a matter where Mr Moti may be personally aggrieved by the decision of the Commission to suspend him, in which case the action should be in his name.

The Court noted that the action as commenced in the name of the Queen was improper and Counsel should follow the correct procedure in the High Court.

Mr Charles Ashley, who filed the application, was granted leave to file a further application in a proper form and, if that was done, the case would be listed for further hearing urgently.