Central Malaita Student Association Blog Site: MOTI AFFAIR: Moti claims enemies are out to get him

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Monday, February 26, 2007

MOTI AFFAIR: Moti claims enemies are out to get him

Michael McKenna, Honiara
February 26, 2007

FUGITIVE Australian lawyer Julian Moti is adamant that he is the victim. The suspended Solomon Islands attorney-general, wanted in Australia on child sex charges, believes he is a casualty of a conspiracy of extortionists, ASIO and legal adversaries he once destroyed in court.
A virtual prisoner in a dark and bare motel room in the Solomons capital of Honiara, Moti has been busy preparing a typically controversial defence since his escape from Papua New Guinea to the Solomons in October created a diplomatic crisis in the Pacific.

Australian Federal Police had him arrested in the PNG capital of Port Moresby, in transit to Honiara to be sworn in as attorney-general, after resurrecting allegations that he had raped a 13-year-old girl in Vanuatu in 1997.

Moti jumped bail, fled to the Solomons aboard a PNG military plane, and has since been protected by his close friend, Solomon Islands Prime Minister Manasseh Sogavare, who has angered Australia and many of his countrymen by refusing to extradite the fugitive.

The Fijian-born and Sydney-educated lawyer is alleged by the AFP to have bribed a Vanuatu magistrate, who threw out the original child sex charges in 1999.

In an exclusive interview with The Australian, Moti admits his Port Vila law firm later offered the magistrate a job and paid for him to study in Sydney - but "without my knowledge".

A confidential out-of-court settlement with the girl's father in 2000 was not an admission of guilt but the only way "I could get on with my life" after he was allegedly blackmailed when a business deal went bad.

"I am not a child molester - I was exonerated by the courts," he said. "This is a private extortion which has become a public extortion with a wider political purpose," Moti said.

"The AFP are coaching the witnesses, filling in holes, fixing the contradictions with inventions and outrageous allegations.

"How am I to defend myself? Don't police have an obligation to an expeditious prosecution? I have 15 to 20 witnesses, one has already died, but can you remember what you did almost 10 years ago?"

In the next few weeks, Solomons ministers will meet officials in Canberra to negotiate Moti's possible surrender. But the Australian authorities have already rejected his unwavering demands for bail and his passport, confiscated in PNG, so he can return to serve as attorney-general while he awaits a trial.

The AFP has confirmed that the complainant, now 22, and her family have been flown to Brisbane on two occasions, in November and December, to give additional statements to those taken in Port Vila in June last year. The girl and her mother, who made the original statements in 1997, have been joined by a brother and a housemaid who worked in Moti's palatial oceanfront home.

In the later statements, the brother, who was 16 at the time of the alleged offences, backs his sister in accusing Moti of forcing the pair to live with him for six months under a threat that he would destroy the family business, have their Tahitian-born father deported and the children sent to an orphanage. It was alleged the children's parents were aware of the relationship but did nothing to stop it.

"They visited, but never lived with me," Moti says.

"How could they, when I was living in an open house on millionaire's row? There were plenty of expat neighbours."

It will be alleged Moti plied the claimant's brother with alcohol. The brother will allege the sounds coming out of the main bedroom in the Moti home were like a "porno movie" - a claim Moti says is "preposterous".

It is on the public record that many of the statements taken by Vanuatu police contain contradictory statements. Details and dates are different. At one stage, the girl withdrew her allegations. At other times, she claimed she was in love with the diminutive and softly spoken lawyer.

In the provisional extradition warrant to PNG, under the Child Sex Tourism Act that targets Australian pedophiles overseas, it is alleged Moti had sex with the girl, sometimes twice a day, and sodomised her for punishment.

It also alleged that Moti, a practising Catholic, got the girl pregnant and paid for her to go to Noumea for an abortion. He admits to having paid for the trip, but denies being the father. "The mother came to me for help, she was desperate and told me who the father was," he says.

Moti, 41, says the new AFP charges are politically motivated because he is a dissident, whose sometimes-invisible hand has been felt in many of the region's domestic and diplomatic troubles.

There is an ASIO file, he has been informed, which is marked "constitutional coup expert" and details his continuing influence, active even last week, in power plays across the Pacific.

Moti says the new investigation was launched when he was first proposed as Solomons attorney-general in late 2004. The AFP dismisses the claim, saying it was waiting for the finalisation of long-running appeals and cost disputes around the Moti case. But there is no doubt the AFP pursuit picked up pace after Sogavare announced he was giving Moti the attorney-general's job in August last year. Warrants for the arrest of Moti, who was teaching law in India, followed within weeks of his appointment, and he was arrested in late September.

Months earlier, Moti - an adjunct professor at Bond University on the Gold Coast until last year - advised Sogavare on a proposed inquiry into the April riots in the Pacific nation.

It was seen by Canberra as an attempted whitewash to clear two Government MPs - confidants of Sogavare - who were charged as ringleaders in the violence that destroyed Honiara's Chinatown district and injured 28 police, some Australian.

But while Solomons ministers will soon meet Australian officials over his possible surrender, Moti appears to be working from his motel room to ensure it never happens. He was behind the scuttling, on a legal technicality, of a proposed no-confidence motion against Sogavare last week.

A former client, Sogavare has been increasingly under attack over his support for Moti.

Sogavare's refusal to extradite Moti is a major stumbling block to improving relations with Canberra. Since taking office in the wake of the riots, Sogavare has adopted an aggressive stance towards Australia, which leads the regional assistance mission deployed to rebuild the country after the 2003 ethnic violence.

If the manoeuvring and hints of "other avenues" to avoid being sent to Australia fail, Moti's trial in Brisbane is set to be explosive and ugly.

Moti says it "saddens me" that his lawyers will have to launch a "vigorous" offensive against the family of the alleged rape victim. There will be allegations the father used his daughters' beauty to extort men.

Moti first came into contact with his accuser's family when the girl's father showed up at his law firm after he had lost his job and was facing deportation. Moti says he felt "sorry for him", helped him with his visa, lent him money, gave the family food and agreed to act as a nominee in a venture with the father.

Moti says he agreed to help the father with his new business, but in late 1997 refused to act as a guarantor to possible overseas buyers. "He got mad, saying I had promised to help him, but not to that extent," he says.

After that, Moti claims, the man made threats through the Australian's partner in his firm, Dudley Aru, now attorney-general of Vanuatu. "He said if I didn't do certain things, he would blackmail me and there was nothing I could do about it."

The father allegedly wanted $US35,000 and Moti's share in the business in exchange for the girl's silence.

Moti refused. And in December 1997, according to court documents, the girl made allegations to the Vanuatu ombudsman, whose existence Moti had recently challenged in court.

Moti was arrested in March 1998. He faced a magistrates court and was committed to trial, but the decision was overturned on appeal and sent back to a second magistrate.

In late 1998, Moti launched an unsuccessful private prosecution against the father in which it was revealed he offered to procure the visa if the charges were dropped. But in 1999, the case went before another magistrate, who Australian police allege was bribed, and he was cleared.

But the magistrate, Bruce Kalotrip, told The Australian he was not bribed and that there was no evidence to commit for trial.

posted by administrator @ 1:29 PM

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