Select Committee on Inspector Corey Caleb (18th Parliament)
The Committee completed its work and presented its report to
Parliament on 16 June 2009. The Committee found that the
termination of service of Inspector Caleb was not warranted, and
that he should resume his service with the Police Force.
Members
Hon Ludwig Scotty MP, Chairman (to 2.2.09)
Hon Dominic Tabuna MP, Chairman (from 4.3.09), Deputy Chairman (to
4.3.09)
Hon Aloysius Amwano MP, Deputy Chairman (from 4.3.09)
Hon Landon Deireragea MP
Hon Ryke Solomon MP
Hon Roland Kun MP (from 10.3.09)
Hon Ludwig Scotty resigned as Chairman and as a member of the
Committee on 2 February 2009; the vacancy created by this
resignation was filled at the Parliament sitting on 10 March, by
the election of Hon Roland Kun as a member of the Committee.
Establishment
The Select Committee on Inspector Corey Caleb was established by
Parliament on 9 October 2008, to inquire into the conduct of
Inspector Corey Caleb during certain incidents that took place in
Parliament on 28 March 2008, and whether, as a result of that
conduct, Inspector Caleb's service in the Police Force ought to be
terminated.
Terms of Reference
On 9th October 2008 Parliament was given notice of Cabinet's
proposed termination of Inspector Corey Caleb, and motion to
establish a Select Committee to inquire into the events described
above was passed by Parliament. The relevant motion, moved by His
Excellency the President and seconded by Hon Dr Keke, read as
follows:
Background
On 28th March 2008, a sitting of Parliament that had commenced
on 22 March and that been suspended until the ringing of the bells,
was resumed by the ringing of the bells. The Speaker made a
statement to Parliament referring to business that had been
transacted earlier in the sitting on 22 March, namely the passage
of an amendment to the Standing Orders and the passage of an
amendment to the Citizenship Act, the effect of which amendments
was to prohibit a Member of Parliament who holds the citizenship of
one or more countries other than Nauru from sitting in the
Parliamentary Chamber. Although the sitting of 22nd March 2008 and
all business purported to have been transacted at that sitting was
later declared to be invalid and void by decision of the Supreme
Court of Nauru in Constitutional Reference No.1 of 2008 (decision
dated 7th April 2008), at the time at which the sitting was resumed
on 28 March 2008 there was no official decision as to the
lawfulness or otherwise of what had taken place on 22 March
2008.
At the conclusion of his statement to Parliament at the
beginning of the resumption of the sitting on 28 March 2008, the
Speaker ordered Hon Dr Kieren Keke and Hon Freddie Pitcher to
withdraw from the Chamber as they were by virtue of the recently
amended Standing Orders and Citizenship Act "strangers" to the
House. The Speaker instructed the Clerk and the Deputy Clerk to
remove the two Members from the House. As the Members refused to
withdraw when approached by the Clerk and the Deputy Clerk, the
Speaker instructed the Clerk to obtain the police to effect the
removal of the two Members. Inspector Corey Caleb entered the
Chamber and attempted to approach the two Members, but was stopped
by His Excellency the President. The President ordered the
Inspector to leave the Chamber. Inspector Caleb did not follow the
President's instruction. A short time later, Superintendent Iven
Notte entered the Chamber and ordered the Inspector to withdraw
from the Chamber, which order he initially ignored, but then
complied with after a short lapse of time.
On 7th April 2008, Cabinet effected the immediate suspension of
Inspector Corey Caleb pursuant to section 9 of the Nauru Police
Force Act 1972, which provides Cabinet with the power to terminate
the service of a police officer in the public interest, subject to
first suspending the officer and giving notice to Parliament of the
proposed termination.
Motion to refer the Report of the
Select Committee on Inspector Corey Caleb back to the
Committee
The Committee first submitted its Report to Parliament on 18
December 2008. Some members of Parliament, upon reading the Report,
expressed concern that the Committee did not appear to have
gathered all relevant evidence, and that this may have affected the
Committee's findings. Therefore, instead of considering the
adoption of the Report by Parliament, the following motion was
moved by His Excellency Hon Marcus Stephen MP and passed by the
House on 5 February 2009:
That this House refer the Report of the Select Committee on
Inspector Corey Caleb back to the Committee in order to enable the
Committee to consider providing in its Report more detailed
explanation of the extent of the authority of Nauru's head of
state, more detailed explanation of the special circumstances of
the matter that was referred to the Committee, and additional
recommendations in relation to dealing with situations in which the
Speaker issues unlawful instructions, and that the Committee report
back to Parliament on or before 20 March 2009.
The date by which the Committee had to report back to Parliament
was subsequently extended by resolutions of Parliament passed on
10th March 2009 (extending the date to 30 April 2009) and 16 June
2009 (extending the date to 16 June 2009).
Reports
The Report dated 18 December 2008 was tabled in Parliament but
not adopted. As a result of the motion to refer the Report of the
Select Committee on Inspector Corey Caleb back to the Committee,
the Committee continued its inquiry and presented a revised Report
to Parliament on 16 June 2009. The Report of 16 June 2009 was
considered by Parliament and adopted on 26 June 2009.