Robati v Privileges Standing Committee - Judgment 2 [1994] CKCA 1; CA 156.1993 (7 February 1994)

IN THE COURT OF APPEAL OF THE COOK ISLANDS
CA No. 156/93

BETWEEN

PUPUKE ROBATI
of Rarotonga, Member of Parliament

AND

THE PRIVILEGES STANDING COMMITTEE
of the Parliament of the Cook Islands
First Defendant

AND

THE SPEAKER
of the Parliament of the Cook Islands
Second Defendant

Coram: Quilliam JA (Presiding)
Barker JA
Dillon JA

Counsel: Mr McFadzien, Solicitor General and Dr G.P. Barton QC for Defendants
Mr B.H. Giles, Mr M.C. Mitchell and Mrs S.R.A. Andersen for Plaintiff

Hearing: 17 December 1993
Date of Judgment:

JUDGMENT OF DILLON JA

I agree with the judgment of Quilliam J.A. and only wish to add the following brief observations.

Because essential documentary evidence was not available severe constraints were imposed on the Defendants in moving to strike out these proceedings. Such difficulties however cannot be supplemented by lengthy explanations and detailed interpretations as contained in the further submissions that have now been filed by Counsel for the Defendants.

Those explanations and interpretations would be relevant in the substantive hearing which, however, may now not be necessary.

The application to strike out is declined.

DILLON J.A.