Mari Kapi
Encyclopedia
Chief Sir Mari Kapi, GCL, KCMG
, CBE
(12 December 1950 – 25 March 2009) was a Papua New Guinea
n judge
who served as the fourth Chief Justice
of the Supreme Court of Papua New Guinea
from August 16, 2003 until his retirement in 2008 due to health regions. Kapi was the first Papua New Guinean citizen to be appointed as a judge and only the third PNG national to be appointed Chief Justice
.
Kapi was born at Keapara village, Rigo District, Central Province
. He was entirely educated in Papua New Guinea, graduating from the University of Papua New Guinea
in 1972. He was employed as a lawyer
with the Office of the Public Solicitor and on 1 January 1978 became the first Papua New Guinean national to be appointed a puisne
justice of the Supreme and National Courts of Papua New Guinea (the Supreme Court not being a separately constituted court but a "full court" of the National Court). He was appointed Deputy Chief Justice in 1982.
In his jurisprudence
, Sir Mari is generally perceived as a strict legalist in the stamp of Sir Owen Dixon
and his judgments are noted for their erudition, articulateness and highly literate awareness of common law principle. In evident recognition of Mr Justice Kapi's considerable rigour in the application of the principle of stare decisis
he was appointed a member of the Fiji
Court of Appeal and, in addition to his judicial responsibilities in Papua New Guinea, he also renders appellate judgments in that common law
jurisdiction.
Sir Mari was elevated to Chief Justice
of the Supreme Court of Papua New Guinea
on August 16, 2003, for a ten-year term, the fourth person to occupy that position since Papua New Guinea's independence in 1975.
Already a Knight Bachelor
, he was appointed Knight Commander of the Order of St Michael and St George (KCMG) in the 2008 Birthday Honours.
Mari retired from active duty on the Supreme Court in August 2008, citing deteriorating health. He last official "farewell ceremonial sitting" took place in Port Moresby
on November 21, 2009. His successor as Chief Justice, Sir Salamo Injia
, PNG Attorney General
Allan Marat
and PNG Law Society president Kerenga Kua jointly described Kapi as a "perfect role model in the legal profession" and a "top national jurist
."
Mari credited the support from colleagues and friends in Papua New Guinea
, Australia
, the Solomon Islands
, New Zealand
and Fiji
, as well as the National Judicial Staff Services, for his successful career at the November 2008 retirement ceremony.
Sir Mari Kapi died from kidney failure on March 25, 2009, in Singapore
at the age of 58. He had been in Singapore's Raffles Hospital
since February 2009 awaiting a kidney transplant from his younger brother. However, the transplant operation had been delayed.
Kapi's body was returned to Papua New Guinea for burial.
Order of St Michael and St George
The Most Distinguished Order of Saint Michael and Saint George is an order of chivalry founded on 28 April 1818 by George, Prince Regent, later George IV of the United Kingdom, while he was acting as Prince Regent for his father, George III....
, CBE
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
(12 December 1950 – 25 March 2009) was a Papua New Guinea
Papua New Guinea
Papua New Guinea , officially the Independent State of Papua New Guinea, is a country in Oceania, occupying the eastern half of the island of New Guinea and numerous offshore islands...
n judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
who served as the fourth Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the Supreme Court of Papua New Guinea
Supreme Court of Papua New Guinea
The Supreme Court of Papua New Guinea has been the highest court of Papua New Guinea since 16 September 1975, replacing the pre-Independence Supreme Court and the overseas appellate tribunals from 1902 to 1975 of the High Court of Australia and the Judicial Committee of the Privy Council...
from August 16, 2003 until his retirement in 2008 due to health regions. Kapi was the first Papua New Guinean citizen to be appointed as a judge and only the third PNG national to be appointed Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
.
Kapi was born at Keapara village, Rigo District, Central Province
Central Province (Papua New Guinea)
Central Province is a province in Papua New Guinea located on the southern coast of the country. It has a population of 183,983 people and is in size. The seat of government of Central Province, which is located within the National Capital District outside the province, is the Port Moresby suburb...
. He was entirely educated in Papua New Guinea, graduating from the University of Papua New Guinea
University of Papua New Guinea
The University of Papua New Guinea was established by ordinance of the Australian administration in 1965. This followed the Currie Commission which had enquired into higher education in Papua New Guinea...
in 1972. He was employed as a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
with the Office of the Public Solicitor and on 1 January 1978 became the first Papua New Guinean national to be appointed a puisne
Puisne
Puisne is a legal term of art used mainly in British English meaning "inferior in rank." It is pronounced like the word puny, and the word, so spelled, has become an ordinary adjective meaning weak or undersized.The judges and barons of the common law courts at...
justice of the Supreme and National Courts of Papua New Guinea (the Supreme Court not being a separately constituted court but a "full court" of the National Court). He was appointed Deputy Chief Justice in 1982.
In his jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
, Sir Mari is generally perceived as a strict legalist in the stamp of Sir Owen Dixon
Owen Dixon
Sir Owen Dixon, OM, GCMG, KC Australian judge and diplomat, was the sixth Chief Justice of Australia. A justice of the High Court for thirty-five years, Dixon was one of the leading jurists in the English-speaking world and is widely regarded as Australia's greatest ever jurist.-Education:Dixon...
and his judgments are noted for their erudition, articulateness and highly literate awareness of common law principle. In evident recognition of Mr Justice Kapi's considerable rigour in the application of the principle of stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
he was appointed a member of the Fiji
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
Court of Appeal and, in addition to his judicial responsibilities in Papua New Guinea, he also renders appellate judgments in that common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdiction.
Sir Mari was elevated to Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the Supreme Court of Papua New Guinea
Supreme Court of Papua New Guinea
The Supreme Court of Papua New Guinea has been the highest court of Papua New Guinea since 16 September 1975, replacing the pre-Independence Supreme Court and the overseas appellate tribunals from 1902 to 1975 of the High Court of Australia and the Judicial Committee of the Privy Council...
on August 16, 2003, for a ten-year term, the fourth person to occupy that position since Papua New Guinea's independence in 1975.
Already a Knight Bachelor
Knight Bachelor
The rank of Knight Bachelor is a part of the British honours system. It is the most basic rank of a man who has been knighted by the monarch but not as a member of one of the organised Orders of Chivalry...
, he was appointed Knight Commander of the Order of St Michael and St George (KCMG) in the 2008 Birthday Honours.
Mari retired from active duty on the Supreme Court in August 2008, citing deteriorating health. He last official "farewell ceremonial sitting" took place in Port Moresby
Port Moresby
Port Moresby , or Pot Mosbi in Tok Pisin, is the capital and largest city of Papua New Guinea . It is located on the shores of the Gulf of Papua, on the southeastern coast of the island of New Guinea, which made it a prime objective for conquest by the Imperial Japanese forces during 1942–43...
on November 21, 2009. His successor as Chief Justice, Sir Salamo Injia
Salamo Injia
Sir Salamo Injia Kt is a Papua New Guinean judge. Injia became Chief Justice of the Supreme Court of Papua New Guinea in 2008, succeeding Mari Kapi....
, PNG Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
Allan Marat
Allan Marat
Allan S. M. Marat CBE is a Papua New Guinean politician. He served as Minister for Justice and Attorney General in Prime Minister Michael Somare's Cabinet from August 2007 to May 2010. In May 2010, he publicly stated that major mining projects in the country brought little benefit to local...
and PNG Law Society president Kerenga Kua jointly described Kapi as a "perfect role model in the legal profession" and a "top national jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
."
Mari credited the support from colleagues and friends in Papua New Guinea
Papua New Guinea
Papua New Guinea , officially the Independent State of Papua New Guinea, is a country in Oceania, occupying the eastern half of the island of New Guinea and numerous offshore islands...
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, the Solomon Islands
Solomon Islands
Solomon Islands is a sovereign state in Oceania, east of Papua New Guinea, consisting of nearly one thousand islands. It covers a land mass of . The capital, Honiara, is located on the island of Guadalcanal...
, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
and Fiji
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
, as well as the National Judicial Staff Services, for his successful career at the November 2008 retirement ceremony.
Sir Mari Kapi died from kidney failure on March 25, 2009, in Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
at the age of 58. He had been in Singapore's Raffles Hospital
Raffles Hospital
Raffles Hospital is a tertiary care private hospital and the flagship of the Raffles Medical Group , a leading private healthcare provider in Singapore and South East Asia...
since February 2009 awaiting a kidney transplant from his younger brother. However, the transplant operation had been delayed.
Kapi's body was returned to Papua New Guinea for burial.
See also
- Law of Papua New GuineaLaw of Papua New GuineaThe law of Papua New Guinea consists of the Constitution, ordinary statutes enacted by Parliament or adopted at Independence from overseas and judge-made law.-Constitution:...