Tongan Government criticises Attorney-General

Tonga's Attorney-General is quitting his post, alleging the Kingdom's government is trying to interfere with the legal system to stop people being prosecuted over the sinking of the ferry Princess Ashika.

Australian Mr John Cauchi, SC, has issued a strongly worded three page statement resigning and alleging the Tongan Government is out "to destroy the integrity and independence of the judiciary".

He said the government tried to change a Royal Commission report into the Ashika sinking.

The statement does not name King George Tupou V but contains allegations which in Tongan law could be regarded as sedition.

Princess Ashika sank last year with the loss of 74 lives, mainly women and children.

A Royal Commission of Inquiry into the sinking implicated high level figures in the royal-appointed administration, including Prime Minister Feleti Sevele. Top figures have already been arrested and special prosecutors have been appointed. Major legal figures, including New Zealanders, are believed to be caught in moves to remove most of the judiciary.

Mr Cauchi said in his letter he had been the kingdom's first independent attorney-general.

"I have had difficulty having that independent role accepted, to the point where the government has removed most if not all of my responsibilities," he said. He said the Royal Commission had been a "benchmark for transparency and openness never seen before in Tonga". It exposed "a level of maladministration and systemic failure" he said.

But rather than deal with the problem, the Government was making no active response. "The Government attempted to have the Commission's terms of reference modified before the final report was released. This is not widely known and will be denied."

Mr Cauchi said a judge had been appointed by the Executive Government without the recommendation of the Attorney-General or the Judicial Services Commission.

"This does not comply with acceptable constitutional practice and compromises the integrity of the Judiciary in Tonga," he said.

The Government was not supporting independent prosecutors.

Yesterday Mr Cauchi said the Government was abolishing the Judicial Services Commission and would repeal the Judicial Services Commission Act.

"This is the final unconstitutional step required by the Government to destroy the integrity and the independence of the judiciary.

"It guarantees the future selection of a judiciary which is not independent and beholden to the government."

"The action of the Government against my role and the independent judiciary has meant that my resignation is the best way for me to show that the Government's interest in independence is a highly qualified one."

Source: Stuff NZ