IAP nominates two Special Prosecutors for Tonga [1]
Thursday, April 15, 2010 - 15:28. Updated on Monday, September 9, 2013 - 18:40.
THE prosecution of criminal matters in the Kingdom lies with the Attorney General. When this office became independent that function also became fully independent of the government, this is done to ensure no political interference occurs and people facing the courts in Tonga are afforded a fair trial. They appear for trial by jury, on their election, before independent and impartial Judges. In some jurisdictions there are Directors of Public Prosecutions or a Prosecutor General who exercise the discretion to prosecute criminal matters.
The loss of 74 lives on the MV Princess Ashika was a devastating tragedy where it appears serious breaches of the law may have occurred. I express my deep sympathy to those who lost family and friends in the sinking of the vessel.
In consultation with the Solicitor General and other Crown Counsel I have approached the International Association of Prosecutors (IAP) to nominate two special prosecutors to work in Tonga in relation to the purchase, operation and sinking of the MV Princess Ashika.
Mr. Nicholas Cowdery QC, the DPP for NSW is a former president of the IAP and is still an executive member for our region, was approached as was Mr. John Pike QC of New Zealand who is General Counsel to New Zealand Crown Law. Mr. Pike and I are also members of the IAP.
I have, on their nomination, appointed two special prosecutors to assist us here in Tonga to provide a totally independent and objective service under the Prosecutor exchange program of the IAP. They will advise about the charges which will be prosecuted on indictment to the Supreme Court and prosecute the cases for us here in Tonga. Local Crown Counsel will work with the special prosecutors.
Mr. Dan Howard SC has been a Deputy Senior Crown Prosecutor in New South Wales, Australia for a number of years. He was first admitted as a solicitor in 1976 and became a Barrister in 1988. In 1992 he was appointed a Crown Prosecutor in NSW and Deputy Senior Crown Prosecutor in 2002. He brings wide experience to his tasks here including having prosecuted coup related matters in Fiji and murder on Norfolk Island.
Mr. Grant Burston is the Crown Solicitor in Wellington. He was first admitted in 1982 as a Barrister and Solicitor of the High Court of New Zealand. Since 1985 he has worked in the office of the Crown Solicitor in Wellington and was made a partner in 1988. He has worked extensively in the criminal law including the Court of Appeal of New Zealand and the Privy Council (UK). Since 2007, on appointment as the Crown Solicitor, he leads a team of over 20 Crown Prosecutors in the greater Wellington region.
They both come as highly recommended Prosecutors to Tonga and will help us achieve a just outcome for those charged in connection with the purchase, operation and the sinking of the MV Princess Ashika.
They will also consider whether charges arising from the commission hearings, generally under the Royal Commission Act and the Criminal Offences Act should be brought.
I would ask that the media exercise a degree of caution so as not to create an atmosphere where a fair trial is threatened. It would be a travesty if, through reporting in the media, we were unable to conduct fair trials.
A taskforce about the possible charges arising from the operation and sinking of the vessel has been in place since about last September.
Charges in relation to either breaches of the Royal Commission Act or charges in the nature of perjury arise from the hearings.
Our purpose is to ensure that all those charged receive fair trials as is our duty under Tongan Law and international standards regarding criminal trial procedure. Attorney General, 15/04/10.