Top Solomons official’s child sex charges dropped

SYDNEY — Former Solomon Islands attorney-general Julian Moti Wednesday had his prosecution on child sex charges in Australia dismissed, when the High Court ruled his deportation to Brisbane was illegal.

Fiji-born Moti, an Australian citizen, was accused of seven counts of having sex with a 13-year-old girl in Vanuatu and New Caledonia in 1997. He was brought to Australia to face charges in 2007.

But the long-running case, which once sparked a diplomatic row with Honiara, was Wednesday ended by Australia’s highest court, which found that Moti’s continued prosecution would be an abuse of process.

“Further prosecution of charges against Mr Julian Moti should be stayed as an abuse of process because Australian officials facilitated his deportation from Solomon Islands to Australia knowing that his deportation was, at that time, unlawful under Solomon Islands law,” the High Court said.

The court found that Moti was not permitted seven days to contest his removal to Australia as mandated by Solomon Islands law.

Instead, officials in Canberra authorised Australian staff in the Solomons to supply travel papers relating to Moti “knowing that those documents would be used to deport Mr Moti before his deportation was lawful”.

“Having regard to the role that Australian officials played in connection with the appellant being brought to this country, the further prosecution of the charges would be an abuse of process,” the court said in its judgement.

Moti, who served as the Solomons attorney-general in 2006 and 2007, won a permanent stay on the case two years ago after the Queensland Supreme Court ruled police payments to the alleged victim “brought the administration of justice into disrepute”.

However, an appeals court set aside that ruling, prompting Moti to bring the matter to the High Court.

Charges over the 1997 rape were originally dismissed by a Vanuatu court and Moti has said they were only revived by Australia in 2006 to try to stop him becoming attorney-general of the Solomon Islands.

He sparked a diplomatic row after he was arrested while on a visit to Papua New Guinea in 2006 but skipped bail to flee on a military aircraft back to the Solomons.

Requests by Australia to Honiara to deport him were refused, prompting strong protests from Canberra. Moti was finally deported the following year after a change of government in the Solomon Islands.

Copyright © 2011 AFP. All rights reserved.
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