Image caption: Gus Andree Wiltens together with Her Honour Justice Viran Trief and Master Cybelle Cenac in the background at the groundbreaking ceremony for the new Supreme Court building.
I was born in the Netherlands and my family took me to New Zealand when I was 6 years old. I received my Bachelor of Arts / Bachelor of Law Conjoint (BA/LLB) from The University of Auckland in 1977, got married to Deece in 1978, and we then left New Zealand for 17 years. The first year was in Sydney, working for the NSW Law Society Fidelity Fund, followed by 16 years in Hong Kong, firstly working as a crown prosecutor and then as a magistrate for the final seven years. We returned to New Zealand in 1997 and I prosecuted for the Serious Fraud Office for 11 years prior to being appointed as a District Court judge in 2007, sitting in Manukau.
In 2017, the chief District Court judge was after expressions of interest to replace Paul Geoghegan to work as a Supreme Court and Court of Appeal justice in Vanuatu for two years. At that time our children were living and working in Los Angeles, London, and Paris, and our daughter was studying for her masters degree in Amsterdam. Although my wife and I very much consider New Zealand our home, one final overseas adventure before retiring was too tempting. So here we are living an island life. Although I signed up for a two-year contract, I have extended that. My wife and I are obviously very happy to be here, as is our Spoodle, Emma.
Legally, Vanuatu is unique in a number of ways. Prior to 1980, the country was known as New Hebrides and was controlled as a condominium colony by Britain and France. Vanuatu became independent in 1980, and, where there is no local legislation in place, the laws of England and France may still be resorted to. As well as the formal legal institutions, there is customary law that has application. It is largely interpreted by the village chiefs who inherit their titles, their land, and the powers that flow from that to govern the people at a local level. With some 85 populated islands, and over 100 indigenous native languages, there can be enormous complexities to deal with.
In Manukau, I dealt with criminal matters, mostly jury trials, and a small amount of civil litigation. In Vanuatu, I am responsible for all cases assigned to me as part of my “docket” from commencement to conclusion. Here, I do less criminal work and mostly civil cases regarding ownership of land and native chiefly titles. There are no juries, and there is also no recording in the courts. The judge is both the scribe and sole decision-maker. The official languages are Bislama (the Vanuatu version of pidgin English), English, and French. I am fortunate that there is an excellent interpreter available to assist me.
Presently, the Supreme Court has a Ni-Vanuatu (indigenous) chief justice, two Ni-Vanuatu male justices and just recently the first Ni-Vanuatu female justice. I am the only overseas addition to the court.
The Supreme Court is presently based in Port Vila in temporary accommodation. The registry and our chambers are in one building, with the courthouse in another building, sufficiently distant to require travelling by car. The courthouse is in a former municipal hall, and it is fair to say the physical conditions are somewhat less than I am used to in New Zealand. The previous Supreme Court building was burnt to the ground in 2007, with the loss of most of the court’s records. That caused quite a build-up of cases to be heard, which have reduced over the years. Vanuatu is finally in the process of replacing the lost courthouse with a new fit-for-purpose building, which I project I am assisting.
The Court of Appeal is fortunate to have the able guidance of senior retired judges from Australia and New Zealand (Justices Robertson, Young, Asher, and Hansen), who sit with the local judges. There are four two-week long sessions per year. The cases are listed and heard, and the decisions published on the final afternoon of each session. In that way, the court does not accumulate reserved decisions, and litigants are given prompt justice. Not many jurisdictions can boast that.
The Supreme Court undertakes what we call “tours” to numerous outlying islands, namely Tanna, Pentecost, Ambrym, Ambae, Malekula, Espiritu Santo, and Aneityum. Each tour is usually a week, and will involve mainly criminal matters but also other disputes. A judge travels with his clerk, and often both prosecutor and defence counsel will be on the same small aircraft — even, on some occasions, with the accused, or on return trips with those convicted and sentenced of serious criminal matters who are being escorted to prison. There are only prisons on Espiritu Santo and in Port Vila. Some trips can accordingly be described as “uncomfortable”. The conditions on tour are variable. I have stayed at resorts that are four-star. I have also stayed at guest houses where there was no food provided, no electricity (save for between certain rather limited hours), and only cold water. Despite the lovely tropical temperatures, having a cold shower to start one’s day is not my idea of paradise.
As you can imagine, there are numerous challenges to sitting as a judge in Vanuatu. However, the rate of crime is relatively low, although serious offending is not entirely absent. There is a preponderance of bush knives or machetes within the community for legitimate farming and bush work, but when used in anger can, and do, result in significant damage. On the other hand, very fortunately, the only dangerous drug in circulation is cannabis.
There are real issues here in terms of family violence. The poor conditions families live in frequently involve large numbers sleeping in confined dwellings, with adults, teenagers, and children mixing together. Males dominate all spheres of life. Many consume vast amounts of kava — when alcohol is added this potent mix all too often leads to spousal abuse and allegations of sexual offending.
The other uniquely Vanuatu phenomenon I have noticed is the frequency with which politicians appear in the courts. To be a Member of Parliament in Vanuatu is the height of most citizen’s aspirations, and they are therefore held in extremely high regard. However, their behaviour does not accord with their high status, and a number have been imprisoned in relation to corruption issues. Overseas judges appear to usually be chosen to deal with those cases.
That said, the indigenous population are known as the happiest in the world due to their bubbly spirits, ready laughter, and genuine readiness to forgive and forget. Christianity has a strong hold here. As an example of this, there are very few breaches of custody, as those who escape are simply returned to the authorities by their relatives and their community. The vast proportion of those who transgress the law later take part in customary reconciliation ceremonies. These involve apologies, the giving of gifts to victims, their relatives, and the community, and then a reciprocal forgiveness by all those affected. Thereafter the transgressors are fully accepted back into the community.
Covid-19 has really affected Vanuatu. Although there has been only one recorded case of the disease here, and that person was in quarantine at the time and did not spread the disease, the impact on the economy of the borders being closed has been financially devastating. Vanuatu previously relied very heavily on tourism, and that has ceased completely, resulting in restaurants, resorts, and other tourism-related businesses closing or reducing their services. That has seen a rise in unemployment with additional hardship to families. The indigenous population remains optimistic and uncowed by these events, simply making do with what they have. Their resilience, demonstrated time and again after the events of numerous cyclones, continues to shine.
I am fortunate in the people I work with. They are generous with their time and cannot do enough to assist. They are very willing to learn and are genuinely interested in different ways of doing things. I am sure I still have more to contribute to Vanuatu. If I thought otherwise, I would not be agreeing to stay longer. I also consider myself to be learning from the Ni-Vanuatu people. Their patience, general lack of concern over what they see as unimportant matters, such as being on time, and their joy of life are both infectious and instructive.
I am not a skier — I prefer warm to cold. Hence the climate here suits me well, perhaps partly due to the fact that so far we have not had to endure a tropical cyclone.
Vanuatu is a place we shall look back on in retirement with great fondness; and, given good health, it will always be a place for us to return to.
Quickfire Q&A with Gus
How did you come to study law?
I always wanted to be a doctor, but have no understanding of physics — a compulsory subject in my day. So, I chose law instead.
How was it first being appointed to the bench?
My first trial was as a magistrate in Hong Kong — on day two of my so-called induction. I was required by precedent cases to sentence a drug addict, with a wife and several young children, to three years’ imprisonment. That was very upsetting.
What interests do you enjoy outside of your job?
When younger, I was a keen sportsman. Now, I read, play tennis, and enjoy movies. Red wine continues to have fascination.
What’s been your absolute favourite place to travel (locally or abroad)?
Japan. The Japanese do not go out of their way for tourists, so you see them as they truly are. Wonderful traditions and food.
What fictional character do you relate to the most?
Horace Rumpole, but no one else who knows me will agree with that.
What’s the best purchase you’ve ever made?
My first computer in 1989. It began my computer literacy, without which life would be much different currently.
What’s your favourite dish to cook at home?
Chicken curry, from an old recipe from my father-in-law who claimed to be the “best curry chef in the South Pacific”.
What’s your favourite quote, and who’s it from?
Churchill’s reply to the allegation that he was drunk in Parliament: “Madam, I may be drunk, but you are ugly. And tomorrow, I will be sober.” So quick with the come-back, even in drink.
What’s the most interesting thing you’ve read or seen lately?
The latest in electric cars: Polestar. Watch this space!