Select Committee on Inspector Corey Caleb
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. 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 of the Committee
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.
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:
Whereas on 27th March 2008 actions taken by Inspector Corey Caleb in this House were found by Cabinet undesirable in the public interest;
And whereas the said officer was, as a consequence, suspended from duty by Cabinet pursuant to the provisions of section 9(1) of the Nauru Police Force Act 1972;
Therefore in accordance with the provisions of the Nauru Police Force Act 1972, Section 9(1), (2) and (3) I hereby give notice to Parliament of such suspension and I move that a Committee be appointed to:-
1. Review the actions of Inspector Corey Caleb in the House on 27th March 2008 in particular his disregard for the authority of Nauru’s Head of State; and
2. Review the current status and future of Inspector Corey Caleb; and
3. Report its findings to the House and to make recommendations thereon as it deems fit;
That the Committee shall be named the ‘Select Committee on Inspector Corey Caleb’;
And as mover of the motion, Mr. Speaker, normally I would be part of the Committee but to avoid conflict of interest as I am involved in the matter concerned, I wish to disqualify myself as a Member of the Committee;
Therefore the Committee shall consist of five Members, namely –
Hon Rykers Solomon,
Hon Dominic Tabuna,
Hon Ludwig Scotty,
Hon Aloysius Amwano, and
Hon Landon Deireragea.
That the quorum of the Committee be three;
That the Committee shall elect one of the Members of the Committee to be the Chairman and that in the event of an equality of voting the Chairman has a casting vote;
That the Committee be provided with all necessary staff, facilities and resources to achieve its objectives;
That the Committee shall have the power to send for and examine persons, papers and records;
That the Committee may present progressive reports and recommendation(s) to Parliament as it deems fit;
That the Committee shall present its report and recommendation(s) to Parliament at the first opportunity on completion of its investigation;
That the foregoing provisions of this motion insofar as they are inconsistent with the Standing Orders, have effect notwithstanding anything contained in the Standing Orders.
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
Report of the Select Committee on Inspector Corey Caleb, 18 December 2008
Report of the Select Committee on Inspector Corey Caleb, 16 June 2009
Note: 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.