David Cannings hopes to question about 30 detainees as part of his inquiry into violent incidents which led to Reza Barati’s death

A Papua New Guinea judge, Justice David Cannings, will attempt to inspect the Manus Island detention centre on Monday as part of his inquiry into alleged human rights violations and the violent incidents which occurred last month and resulted in the death of 23-year-old Reza Barati.



In the third of five stages of the inquiry, a hearing on Monday morning in Lorengau on Manus Island is expected to question around 30 detainees who have already been interviewed by officers of the public prosecutor, according to the Post Courier.

Lawyers for chief immigration officer Rabura Mataio, who has reportedly filed for Cannings to be disqualified, are attending the hearing.

“The application is not made lightly,” Peter Kuman, lawyer for the state of Papua New Guinea and for Mataio, told Guardian Australia.

“It’s a very serious matter. Our reasons were twofold – firstly that his conduct so far in dealing with [the] current human rights matter gives rise to a reasonable appearance of bias,” he said. The second reason related to undefined statements Cannings had made in previous court appearances regarding the detention centre.

Cannings adjourned his decision regarding Mataio’s application until Monday afternoon. He also adjourned a decision on whether to allow media to accompany him on his inspection of the centre. Cannings will likely visit the centre on Tuesday if he is not disqualified, Kuman said, and the PNG government has no issue with this.

“The judge has made orders, so the clients are happy to comply. There is nothing wrong with allowing Justice Cannings to visit the site, but it should be in the company of the parties of the proceedings,” said Kuman.

Cannings has appointed a Cairns-based doctor, Paul Crouch-Chivers, to inspect the health services at the centre, and has instructed that Crouch-Chivers be given “reasonable access”, ABC reports.

The inquiry, which began on 27 February, is investigating “alleged human rights violations and complaints about the conditions of detention and disturbances resulting in injuries to such persons”, according to the Cannings’ opening statement to the PNG national court.

The terms of reference set out Cannings’ line of investigation, questioning what human rights – “if any” – do detainees inside Manus Island detention centre have, whether those rights have been and are being administered to them, and if not, how the court should enforce and protect those rights.

As a judge of the national court, Cannings decided on his own initiative to invoke the PNG constitution sections relating to human rights, his statement said. There was no precedent for how an inquiry of this nature should proceed, he said, but Cannings believed it would include several hearings, questioning of senior government officials, an inspection of the detention centre and interviews with detainees.

The centre was the scene of two violent riots during which Barati was killed and dozens of others injured. Arrests over the death of Barati are reported to be imminent.

Cannings’ inquiry is separate to a constitutional challenge against the centre – which currently holds around 1300 asylum seekers – mounted by the opposition leader, Belden Namah.

Last month, a five-member bench of the supreme court ruled against the government’s argument that Namah was not eligible to launch the challenge. The ruling also noted that detainees appeared to be unaware they could appeal their detention in a PNG court.

Canning expects to deliver a judgment by the end of March.