Solomon Star News

THE loophole through which the government maneuvered resulting in the deportation of Julian Moti was very slim, but tricky.

According to a document written by Australian officials in Honiara to the Department of foreign Affairs and Trade in Canberra, failure by the “Interim Order to stay the execution of deportation” to name the right signatory was the trick.

The document informed Canberra that Mr Moti has obtained an Interim Order staying the execution of any Deportation Order until a hearing by the Court of Appeal (which is not due to sit until April 2008).

The document showed that the Interim Order against deportation obtained by Mr Moti named the Director of Immigration, Police Commissioner Jahir Khan, Acting Police commissioner Walter Kola and Police Force escort Officer Sergeant Sam Kalita.

Attorney General Gabriel Suri then advised Permanent Secretary of Immigration Jeffery Wickham that the Order was invalid because Mr Moti did not named Commerce Minister Francis Billy who signed the deportation order, as a respondent.

“Wickham on the advice of the new Attorney General Gabriel Suri believes Moti should in fact have named Commerce Minister Billy Hilly as a respondent in the interim Order, as Billy Hilly signed the Deportation Order. He therefore believes that the order is invalid,” the document stated.

The document was prepared by Amanda Davis and Peter Bond and was approved and sent to Canberra by Heidi Bootle on 27 December 2007, the day that Mr Moti was deported.

It was one of the documents exhibited as evidence in the Queensland Supreme Court.

The document further stated that “arrangements for Mr Moti’s removal from Solomon Islands this afternoon (27 Dec 2007) remained on track.”

 “Mr Moti has obtained an Interim Order (and from our reading has a right to appeal his deportation under the deportation act). The Solomon Islands Government remains determined to deport him this afternoon.”

It informed Canberra that Mr Wickham has instructed Immigration Officers and Police to serve the Deportation Order on Moti at 2pm this afternoon (27 Dec 2007).

They have been instructed to escort him directly to the airport for the 3:10pm Brisbane flight.

The child sex proceeding against Mr Moti has since been stayed by a Queensland Supreme Court judge last year.

My next article will be on the escorting of Moti, Deportation Act and who involved.