Vic: Nauru bars Australian lawyers from asylum case

AAP General News (Australia)
04-26-2004
Vic: Nauru bars Australian lawyers from asylum case

MELBOURNE, April 26 AAP - A Melbourne QC says the Nauru government has interfered in
his case for the release of asylum seekers by barring his legal team from entering the
tiny island nation.

A Nauru government spokeswoman said the nation's Justice Minister, Russell Kun, did
not see the need for the Australian lawyers to attend the case.

The Australian legal team, headed by prominent Melbourne QC Julian Burnside, was due
in Nauru today to challenge the validity of visas issued by the Nauru government to asylum
seekers sent there under the Australian government's so-called Pacific solution.

Mr Burnside said the legality of the visas was crucial to having the asylum seekers released.

He said he, barrister Sam Hay and solicitor Karyn Anderson were barred from boarding
an Air Nauru flight at Melbourne Airport last night by airline staff, who told them Nauru
President Rene Harris and Mr Kun had revoked their visas.

He said a Melbourne barrister appearing for the Nauru government boarded the plane
directly before his party, and two barristers appearing for the Australian government
boarded a flight from Brisbane.

"We're the ones that designed the case and it's very nice of the Nauru government to
arrange a lawyer for us, but it's very odd that who we get to fight our case will be decided
by other people," he said.

Mr Burnside said it was "really farcical" other Australian lawyers were permitted to
act in the case.

"It is political interference and it is a contempt of court to prevent us from appearing,"

Mr Burnside told AAP.

"The minister for justice and the president of Nauru have committed a contempt of court.

This is very serious."

Nauru government spokeswoman Helen Bogdan said Mr Kun "did not see the need for the
Australian lawyers to be there and he has appointed local lawyers as pleaders in the case".

When asked why the Australian lawyers were able to represent the Australian government,
she replied: "A very good question."

Last week, Mr Burnside told a hearing before Victorian Supreme Court Justice Bernard
Bongiorno that he had been granted a visa, but members of his legal team had not.

The hearing had been arranged to keep Justice Bongiorno abreast of developments because
he is expected to preside over another hearing being brought against the Australian government
relating to asylum seekers.

AAP jrd/gfr/cat/br

KEYWORD: NAURU

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