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Tulenoa v Chief Secretary [2009] NRSC 17; Public Service Appeal Case No 3 of 2009 (7 August 2009)

IN THE SUPREME COURT OF NAURU

PUBLIC SERVICE APPEAL CASE NO. 3/2009

BETWEEN

KNOX TULENOA
Appellant

AND

THE CHIEF SECRETARY
Respondent

Mr. Pres Nimes for Appellant
Mr. Robert Kaierua for Respondent

7th August, 2009.

DECISION OF THE PUBLIC SERVICE APPEALS BOARD

Having heard Mr. Kaierua for the Respondent and Mr. Nimes representing Mr. Knox Tulenoa and Mr. Tulenoa himself we have come to the conclusion that the problem giving rise to all these charges was a clash of personality between Appellant and the former Director Public Prosecutions, Mr. Paul Bannister. This made it very difficult for these two gentlemen to work together.

We also accept Mr. Nimes submission that complaints of professional misconduct should more appropriately be dealt with by a body within the legal profession rather than under the Public Service Act. Unfortunately there is no such body in Nauru.

In the circumstances the Board allows the appeal. We do however emphasize that lawyers and pleaders must at all times conduct themselves in a manner which is above reproach.

Appeal Allowed.

Chairman

Member

Member