PM Sevele disputes statement by Justice Andrew [1]
Tuesday, August 31, 2010 - 19:00. Updated on Monday, September 9, 2013 - 18:40.
THE Prime Minister Hon Dr Feleti Sevele in a press conference today strongly disputed a statement made by the departing Mr Justice Warwick Andrew that he was not allowed to continue to sit in the Supreme Court by virtue of a cabinet decision.
He said that, in fact, Mr Justice Warwick Andrew had applied for leave from August 16 to October 5 when he tendered his resignation on July 5 this year. The judge's original contract did not end until May 2011.
The Prime Minister distributed a letter of resignation that had been written by Mr Justice Warwick to the Acting Secretary of Justice on July 5, "Where he asked to resign from his post and that his resignation would be effective as of August 16. The reason that he gave was that , and I quote,
- "I have accepted a Judicial Appointment in Australia. This is to commence before the termination date and I therefore propose to take the leave which is due to me, to commence on Monday August 16th until October 5th, 2010."
"That was his letter - it was clear that he wanted to leave Tonga because he had post in Australia and he wanted his term to be terminated or concluded here in Tonga and he did not give us enough notice or the decency to give us time because his contract did not end until May, 2011," said Dr Sevele.
He said that the Minister of Justice Hon Samiu Vaipulu had tabled the judge's letter or resignation and a request was submitted to cabinet; and cabinet had accepted his resignation exactly on the conditions that he wanted.
The PM said that government then moved quickly to advertise for a replacement judge because they expected that Justice Andrew would leave on August 16 together with the former Chief Justice Anthony Ford, leaving Tonga with only one judge.
"Then when he came back from Australia on leave he had asked the Minister of Justice if he could stay on and extend his stay until later to October 5 and we did not accept this," Dr Sevele said.
The Prime Minister also added that in Warwick's statement he alleged that he was not allowed to continue by virtue of a cabinet decision.
"This is a blatant lie because there was never a cabinet decision to stop him from his cases. He also stated that there were many matters before him to be completed, well, he should have thought about that before he tendered his resignation in July," said the PM.
He confirmed there was also never any direction from the Ministry of Justice or Government that Mr Justice Andrew was to hand over his files as he said.
"I suspect that if he was told that he should hand over his files then it would have been the Acting Chief Justice Shuster, and that is very much in his jurisdiction to do so," said the Prime Minister.