Prosecution to call 20 more witnesses in sedition inquiry [1]
Tuesday, May 15, 2007 - 21:15. Updated on Tuesday, May 20, 2014 - 19:11.
The hearing of a preliminary inquiry for the five People's Representatives continued today, with the prosecution calling three more witnesses to give evidence at the Nuku'alofa Magistrate's Court, on the events leading up to the November 16 riot. The prosecution intends to call another 20 witnesses in the days ahead.
'Akilisi Pohiva, 'Isileli Pulu, William Clive Edwards, 'Uliti Uata and Lepolo Taunisila were all present in court with Police Magistrate Peau Pifeleti presiding over the hearing. From today Lepolo Taunisila is represented by Masao Paasi.
Second witness
In the beginning of the hearing Crown prosecutor Peter Little called on his second witness Police Inspector Tupou 'Otutaha to give evidence.
The witness told the court his recollection on the events of November 16, 2006 at about 9:00 am he together with other police officers were assigned to guard the compound around the Parliament House.
He said that by this time people estimated at about 100 had gathered at Pangai Si'i for a meeting and they stood guard because it was known that the parliament would not sit until 2 pm.
At about 2 pm about 600 people filled the park and there were speeches that took place in the morning, in the afternoon, "I heard 'Akilisi speak and he told the people that the Ministers had agreed not to sit in the afternoon at 2pm and he called in a loud speaker to the Prime Minister to come and speak to the people because they are waiting but he did not come," he said.
The witness said that 'Akilisi Pohiva in a strong tone had told the gathering that if the Prime Minister did not come by 2:30 to 3:30pm he would leave it to them to do as they wished. Some people stood up with their banners and started to walk to the Prime Minister's Office but he spoke again and told them to come back.
After a few minutes Clive Edwards stood up and spoke to the gathering saying, "Put your hands up of those who want to go to Cabinet". The people all raised their hands and started yelling and shouting, and after more speeches made by Siale Fihaki and Teisina Fuko the people stood up and marched to the Prime Minister's Office, said the witness.
He also confirmed that the damage inflicted by rioters began at the Prime Minister's Office followed to the Treasury, Parliament, Nuku'alofa Courts, Molisi Tonga Supermarket, Pacific Royale Hotel and the Shoreline office.
Cross-examination
After the hearing of the evidence in chief, Christopher Harder in his cross-examination of the witness asked whether they were briefed before being assigned to their duty on November 15, and Police Inspector Tupou 'Otutaha answered, yes.
The witness was not aware that there was a pro-monarchy group at Pangai Lahi until he arrived at the Parliament and saw they were carrying banners. He also was not aware that a radio announcement was made on behalf of the pro-monarchy group calling on supporters to come and oppose those at Pangai Si'i.
He heard 'Akilisi Pohiva tell the meeting that parliament would not be sitting that day, and also heard him invite the Prime Minister to come and speak to the people at Pangai Si'i.
He confirmed that he saw part of the crowd walk to the Prime Minister's Office and he saw 'Akilisi Pohiva in firm words telling them to come back to the park.
When Christopher Harder asked him, "In the first damage to the Prime Minister's Office you said that 'Akilisi was already in the office compound but he came out and told the people to go back", the witness answered, yes, but only those including himself who stood at the front had actually heard what he said because there was no loud speaker.
It was not until Semisi Tapueluelu came and spoke from a speaker from one of the police cars that the people went back to Pangai Si'i, the witness said.
Harder also asked whether he had observed that 'Akilisi Pohiva was assisting the police, and the witness answered yes at the Prime Minister's Office, but he did not think what he said that Pangai Si'i assisted the police.
Confusion
After Christopher Harder's cross-examination of the witness his client 'Akilisi Pohiva stood up to ask more questions to the witness for clarification.
Prosecutor Peter Little objected to this and told the court that in his 32 years in the legal profession in any country he had not seen such a process where the accused who had a legal representative in court may be allowed to put forth questions to the witness.
The objection was upheld by the Police Magistrate and he advised Pohiva that if he had any more questions to clarify then he should please convey it to his counsel so that he could ask the witness.
Pohiva persisted to be allowed to ask questions arguing that this was an important case to him and there were issues that needed clarification. However, this was not accepted by the court which adjourned to allow them time to resolve their matter.
After a brief adjournment Christopher Harder told the court that if the court did not allow his client's submission to be allowed to ask questions then he would step down as 'Akilisi Pohiva's counsel and focus only on his other client 'Uliti Uata.
The court ruled that the problem was between him and his client and they should try and resolve it. This matter was solved in the afternoon sitting where 'Akilisi Pohiva apologised and confirmed that Christopher Harding would continue as his legal representative.
Other witnesses
Two more witnesses were called in the afternoon, including Sekona Vi a police officer at the Police Training School at Longolongo.
In the evidence in chief he told the court that he heard Lepolo Taunisila speak at Pangai Si'i saying, "Prime Minister and Ministers, why run and hide, come, as your life is in the palm of my hand and there is only one person that rules the people and that is me".
The hearing will continue tomorrow, Day Three, with 20 witnesses to be called by the prosecution to give evidence. All three sides of defence are expected to call their own witnesses as well.
The five People's Representatives to the Tongan Legislature, have been charged with sedition, and some also face other charges relating to the November 16 riots in Nuku'alofa that destroyed a large part of the business district.