Friday, 7 December 2007 4:05 PM

High Court Adjourns Moti's Case

The High Court of Solomon Islands has decided that the ruling for the case of the Attorney General, Mr. Julian Moti for this morning be adjourned for next week.

The Judge of the case, Mr. Edwin Goldsbrough said that presently, it does not appear to him that in the proceedings of an order of striking out under the Order 27 Rule 4 should be made.

"I do not accept the submission that Section 31 (3) of the Constitution ousts the jurisdiction of this court in this matter in its entirety," said Mr. Goldsbrough.

He said that there is an issue arises when Standing Orders refer to themselves as being subject to the Constitution and therefore, Order 7 (3) appears to be in conflict with Section 31 (1) of the Constitution.

"... it would perhaps be wrong to conclude that there is no reasonable cause of action disclosed," said the Judge.

He said that there remains the question of whether the proceedings are frivolous or vexatious or an abuse of process.


"To me, that remaining question cannot be resolved on the material or submissions so far presented," Mr. Goldsbrough added. "Because of that, and ... the constraints of time, I propose that the court now embarks on the substantive hearing of the originating summons."

The Judge added: "If during the hearing I arrive at the conclusion on the issues, I shall so indicate."

Mr. Goldsbrough highlighted that the issues that causes the court most concern is the potential effect of the orders sought.

"In general terms, I am of the view that it cannot be the function of the court in determining issues to make matters worse than they already are," he added.

Mr. Goldsbrough stressed that where the court has no alternative other than to make an order, which may have that effect, then it must do so.

On the material so far presented, Mr. Goldsbrough told the court that it would be premature to reach that conclusion as it has not been fully addressed.