Justice Andrew said: PM claims of government 'in the lurch' is an attack on the judiciary [1]
Monday, September 6, 2010 - 05:53. Updated on Monday, September 9, 2013 - 18:40.
JUSTICE WARWICK ANDREW Chaired The Royal Commission of Inquiry into the sinking of the MV Princess Ashika. Seventy-four people died in the tragedy, including all the women and children on board. The Prime Minister of The Kingdom of Tonga and other Ministers gave evidence. The report was presented to His Majesty and the Government on the 31st March 2010. The report was highly critical of the Prime Minister and other Public Servants. It also contained many recommendations to prevent a similar tragedy in the future.
The Report has still not been released by the Government. To the contrary, Cabinet resolved to fund a legal challenge to the Report. The former Minister of Transport, Mr Paul Karalus, commenced legal proceedings seeking to stop the publication of parts of the report and claim damages from the Royal Commission and an apology.
Since the presentation of the Report to the King and the Government on the 31st March 2010 there have been at least two other maritime related tragedies in Tonga.
Justice Andrew today said that the assertion made by the Prime Minister of the Kingdom of Tonga that his resignation as a Justice of the Supreme Court of The Kingdom Of Tonga put the Government "in the lurch" was an unwarranted attack on the Judiciary.
On 5th July 2010 Justice Andrew gave three months notice under his contract , as he was entitled, to resign as a Judge. Any suggestion that his Honour was not prepared to complete the hearing or determination of cases before him was incorrect.
On 25th August 2010 Justice Andrew was advised by telephone when in Australia by a Government Official "he was no longer a Judge". Justice Andrew indicated he was travelling back to Tonga to hear a case on 27th August 2010. It was made clear on his return, just prior to the start of proceedings on 27th August, that he was not to hear any cases or carry out any duties. His Honour had, prior to this, given a list to the Government at it's request, of the cases he intended to hear, which included cases involving the Government itself. On 25th August 2010 Justice Andrew was also provided a Cabinet Decision stating he was "leaving his post on 16th August 2010".
Justice Andrew said he was directed by the Acting Secretary for Justice on 27th August to hand over all files to Acting Chief Justice Shuster. On August 30th prior to departure from The Kingdom, His Honour handed over all files to the Registrar of the Court to be given to the Acting Chief Justice. A Notice To Practioners, a copy of which is attached, was also provided.
Justice Andrew said he was saddened by his departure from the Kingdom of Tonga and wished the people of the Kingdom all the very best for the future. Justice Warwick Andrew, 03/09/10.