Key Points
- Kiribati's attorney-general attempted to deport David Lambourne, claiming he breached his visa conditions.
- He's now been released from detention, but believes it isn't the end of the matter.
An Australian-born judge who serves on Kiribati's high court judge has been released from immigration detention after an order from a local appeals court.
Kiribati's attorney-general attempted to deport David Lambourne with the government claiming he breached his visa conditions and posed a security threat.
A last-minute injunction was granted by the appeals court, with the attorney-general told to take necessary steps to stop the judge's deportation but Mr Lambourne remained in immigration detention in a motel.
Mr Lambourne told news agency AAP he wasn't told of his release when the guards left about 6pm.
"I'm glad to be home. It got to so late in the day today I really wasn't expecting for that to happen," he said.
"In the end, the immigration offices and police just left, I wasn't told that I was released. Fortunately, my wife happened to be driving in as they were driving out and they told her I was released.
"I'm glad the government has finally decided to comply with the court order. It took them far too long ... but it's better than them not complying with the order at all."
Kiribati's opposition leader and Mr Labourne's wife, Tessie Lambourne. Source: Supplied
The Kiribati government may again move to deport him on Sunday.
"I understand they still might try to deport me on Sunday but the airline has told the foreign and immigration minister they won't take me until the court of appeal has heard the case," he said.
"If yesterday was any guide, they made it clear they were going to try and deport me regardless of the court order.
"The government doesn't seem to see itself as bound by the court. Over the last couple of months, we've seen this descent into authoritarianism."
Mr Lambourne says the government is trying to leverage him to put pressure on , to quit politics.
"She's clearly a thorn in their side and as far as I can tell, all attempts to remove me are really an underhand means of trying to attack her," he earlier told the ABC.
"They think if I am forced out of the country, my wife will have to quit politics and follow me.
"They obviously don't know her very well if they think that's what she would do."
The actions constituted a breakdown of the rule of law, Mr Lambourne added.
"The rule of law here has broken down completely. It's a terribly sad situation for all of the people of Kiribati," he said.
"Once you have an authoritarian government that demonstrates its willingness to completely ignore orders of the court, then everybody is fair game."
The suspension of the high court's chief justice and himself on the two-person bench means serious criminal matters are not being heard, Mr Lambourne said.
"We are the only two judges of that court and it means that the people who have their cases, whether they are matters of serious criminal offending or civil matters, they're not being heard," he said.
"There is nowhere where those serious criminal trials are being heard and if anybody wanted to challenge the actions of the government, there is nowhere they can do that."
The Australian government has been in touch to offer consular assistance, but the judge is apprehensive about pushing his case, saying there's a limit to what a public statement could accomplish.
