Sai v Nori [2000] SBHC 96; HCSI-CC 180 of 2000 (13 June 2000)

CC 180/2000. HC

IN THE HIGH COURT OF SOLOMON ISLANDS

Civil Case No.180 of 2000

SAXSON SAI AND OTHERS

V

ANDREW NORI AND THE ATTORNEY-GENERAL

High Court of Solomon Islands

Civil Case No. 180 of 2000

Hearing (ex-parte): 13th June 2000
Ruling: 13th June 2000

Public Solicitor (P. Lavery) for the Plaintiffs.

PALMER J.: This Court fully appreciates the circumstances in which this application is made this afternoon. This Court is fully aware that there is no effective Prison Service and Police Force currently in the country especially in Honiara City. I alluded to this in my judgment delivered on Friday 9th June 2000 in Regina v. Michael Talu Criminal Case Number 21 of 2000. This means there is no effective lawful enforcement agency in Honiara City to enforce whatever orders or judgments that may be issued by this Court. The Courts however have not been disbanded. They remain open to date and are available to all, rich or poor, strong or weak, to come and seek justice according to the laws of this Sovereign Democratic Nation. Solomon Islands as a sovereign nation has not been disbanded and its laws still remain though not enforced. To that extent, as long as this Court remains open with Judges available to serve, this Court has no option, no choice whatsoever, but to dispense justice according to law, pursuant to the solemn oaths taken by the Judges before God and the People of this Nation. We the Judges have no alliances with anyone, whether we come from Malaita, Guadalcanal, Overseas or Western Province. As long as the sovereign democratic nation of Solomon Islands remains intact, as long as the Court’s doors remain open, justice must be dispensed according to law.

I have read the Ex parte Application, the Statement of Claim annexed to the Writ, and Affidavit in Support, all filed today 13th June 2000, and I am more than satisfied that the following orders be made:

(1) That a Writ of Habeas Corpus ad Subjiciendum be issued forthwith;

(2) The Plaintiffs, Saxson Sai, Roy Leni, Benson Tova, and Selwyn Hemn be released forthwith from· Rove Prison or any other restraint into the care and safekeeping of the representatives of the International Committee of the Red Cross.

Made this 13th day of June 2000.

ALBERT R. PALMER
THE COURT