THE High Court on Friday denied a meeting with the Honiara agent of Australian couple, Fred and Gloria Olsson, William Gua, who was following up an application by the Olssons for an urgent hearing.
The Olssons filed an application for a hearing more than four weeks ago. A subsequent Certificate of Urgency was filed mid-last month. There has been no response from the High Court despite several e-mails to the Registrar and Deputy-Registrar.
In contrast, the High Court granted an application by Sol-Law and private lawyer, John Sullivan QC on behalf of businesswoman, Pamela Kimberly in October 2018. Ms Kimberly was a one-time business partner of Mr. Sullivan QC.
The application was heard by Judge Keniapisia on 9th October 2018, a day after it was filed, resulting in the stay of execution of the Court of Appeal’s ruling against Kimberly.
There are serious questions of equity regarding the management of cases in the High Court. Kimberly’s application (which was an appeal in which the High Court had no jurisdiction) was heard urgently yet Olsson’s current urgent application, supported by the Court of Appeal decision and current Enforcement Order issued by the High Court, is ignored.
As agent, Mr. Gua was following up the Olssons’ urgent application to find out when it would be heard. He got the surprise of his life.
“We are not meeting you because you have spoken out against the High Court in the media,” the Deputy Registrar of the High Court, Jack Taloifuila, told Mr. Gua.
“The only time we can meet you is if the President of the Solomon Islands Bar Association (SIBA), Eran Soma is present. No Soma, no meeting,” Mr Taloifuila said.
Mr. Soma is the owner of Sol-Law, which is jointly representing, Pamela Kimberly in the civil case No. 417 of 2006.
Mr. Gua on Friday called for the immediate resignation of the Chief Justice, Sir Albert Palmer, the Registrar Ann Myonnie and Justice John Keniapisia, saying the administration of the High Court has failed the people of Solomon Islands.
Mr. Gua made the call in his capacity as the President of the Malaita Masina Forum (MMF).
He told Solomon Star later he was stunned by the comments from Mr. Taloifuila.
“Since when has the High Court divested its public interest and mandate to a private entity that Mr. Soma represents? Is the deputy registrar telling us something here? Mr. Soma represents the interests of Sol-Law first and foremost. He owns the legal firm. His position as President of SIBA is secondary,” Mr. Gua said.
“Furthermore, Mr. Soma recently made it clear he had withdrawal his involvement from the Olsson’s case, understandably because the Olssons have made a formal complaint against him. The complaint is before the Complaints Committee of SIBA,” Mr. Gua said.
Mr. Gua said the High Court and Mr. Soma need to clarify what relationship both entities share.
“We are talking about two entities with separate mandates – one with a public mandate to administer justice, the other a private entity whose interests are entirely the opposite.
“The public needs to know,” Mr. Gua said.
By ALFRED SASAKO
Newsroom, Honiara
