Pair of Aust lawyers barred from PNG

Transcript

An executive member of Australia's peak legal body says reports that two Australian lawyers have been banned from entering Papua New Guinea raises serious questions about judicial independence.

The lawyers, Greg Egan and Terence Lambert, were preparing to represent PNG investigators in a major fraud case against the Prime Minister, Peter O'Neill.

But they were blocked from entering the country, apparently on instruction from Chief Migration Officer Mataio Rabura.

An executive member for the Law Council of Australia, Morry Bailes, told Don Wiseman he is disturbed by the reports.

MORRY BAILES:  Well our understanding is this is on direction administratively, said to be under the Migration Act, and the reason proffered is that there are visa irregularities.  I hasten to point out that at least in the case of Mr Egan, he has been practising in PNG since 1988.  No earlier visa problem had been raised with him and it is concerning that the administrative decision preventing these barristers entering into PNG coincides with their representative of the authority you refer to in proceedings that concern the PNG Prime Minister.

DON WISEMAN:  Just why do you think they are being kept out of the country?

MB:  That's a matter for inference and supposition.  What our concern as the law council is that it can be seen to be the executive arm of government interfering in a judicial process.  We all know the importance of the doctrine of the separation of powers.  This is a potential abuse of the doctrine of the separation of powers because the executive government shouldn't be meddling in matters before the courts.  Courts ought to be able to operate independently and part of the principle of the rule of law is that you are entitled to legal counsel of your choice and here this has been denied through administrative action.

DW:  What is the council able to do?

MB:  The law council is the peak body for lawyers in Australia.  It is constituted of the bar associations and law societies around Australia.  We are not an authority and do not have power other than to speak out.  Obviously we urge the PNG government to sort out these visa issues immediately and to alllow access of these lawyers.  The look created for the PNG government is not a good one and there would be general concern about the question of the independence of the judiciary or at least the ability for the judicial process to be conducted independent of interference which plays out in terms of what might happen in foreign investment and the confidence that people have in the judicial system.  Certainly we ask the PNG government to rectify the situation immediately.  As to what Australian authorities can do, firstly, we don't want to be big brother in the region.  It is our obligation as lawyers to voice our concerns about the situation.  It is really a matter for Australian authorities, given the sensitivity of our relationship with PNG to do what they can but we wouldn't presume to direct them or tell them what they ought to do.