Quashing of perjury charges raises questions [1]
Tuesday, November 2, 2010 - 21:50. Updated on Monday, September 9, 2013 - 18:40.
A FORMER Attorney General of Tonga today said that the move to quash perjury charges against a Tongan law lord raised questions about the independence of the country's judiciary.
John Cauchi who resigned in April citing government interference in the legal system, said that Monday's decision in the Tonga courts to quash the charge of perjury on a technicality had undermined the legal system.
"What can I say? It's an outragous abuse of process," he told the news agency AFP.
The perjury charges were brought against Lord Ramsay Dalgety over alleged false evidence he gave to the inquiry into the Ashika ferry disaster that killed 74 people. But the charges were quashed by Justice Shuster yesterday in the Supreme Court because the indictments were unsigned and undated.
Now living in Australia, John Cauchi said the case would feed perceptions in Tonga that there was one law for ordinary citizens and another for the elite.
He said dismissing a case because of unsigned indictments was unprecedented. "It's very sad that this sort of thing is happening, I think that people are very suspect about it," he said.
Concerns
Meanwhile, in Nuku'alofa, the decision to quash the indictments has raised public concerns over a new precedent that has been set, and whether or not the decision will provide new grounds to quash many pending criminal cases, including those against the other Ashika accused, and several fraud cases that are also pending on unsigned indictments.
There was no statement forthcoming today from Cauchi's successor, the acting Attorney General of Tonga and Minister of Justice Samiu Vaipulu, regarding the implications of the precedent. However, it is expected that the Chief Justice might clarify the situation tomorrow.
Check-list
Meanwhile, defence counsel have advised Lord Dalgety to consider issuing legal proceedings for malicious prosecution against those responsible for pressing the charge.
Issuing a 28 point tick-off list for the media on November 2, the principal counsel Charl Hirschfeld and co-counsel for Dalgety, the Afeaki brothers Tavake and Kahu, requested that " the media exercise responsible and due care in reporting the matter."
The two page document, which is dated but not timed and makes no mention of the Ashika tragedy or the 74 people who died, complains that the media had not talked to the defence counsel in this case "for comment to provide fair and balanced reporting."
"The Crown failed to do their job properly," the check-list stated, "the laying of an indictment (a serious imprisonable charge) is taken very seriously by the Courts, Prosecutors and Defence"
"In deciding whether to prosecute or not the fairness and responsibility to the community and its members is paramount."
"Indispensible premises exist as a checklist to protect individuals against excesses in the exercise of authority by the state."
Legal proceedings for malicious prosecution was advised and they stated, "This would be considered upon the final determination of this case - should that situation arise."