Chair of the Assembly - February 2016-August 2016 Deputy Chair of the Assembly - June 2015-February 2016 Justice of High Court of the South Pacific - December 2014-April 2015 Minister of Regional Affairs Minister of Foreign Affairs Deputy Minister of Regional Affairs
HCLA 1701
12 December 2017
Determination of Appeal Validity
Whereas Belschaft requested an appeal on the ruling of HCLQ1712 on the grounds of judicial misconduct and contradiction of law.
Whereas this Court has conducted a careful review of the merits of such a request on the basis of its legal necessity and potential to impact present and future policies.
It is resolved with respect to this Appeal as follows:
It is deemed to be not valid.
On the matter of Judicial Misconduct, it is the opinion of the Court as the Presiding Justice in HCCC1701 Justice Kringalia is a neutral party in the case. The Justice should therefore have no personal investment in the outcome of HCCC1701, and ruling on this subject should have no impact on Kringalia's rulings in HCCC1701.
On the matter of Contradiction of Law, it is the opinion of the Court that no contradiction exists. Article 3, Section 2, of the Charter makes no judgement on the structure of these trials, and the Court finds no abridgement of the right to a fair trial created by HCLQ1712.