Former Chief Secretary to Cabinet counters Cauchi's claims [1]
Thursday, November 21, 2013 - 19:15. Updated on Thursday, November 21, 2013 - 19:20.
A former Chief Secretary and Secretary to Cabinet Busby Kautoke told the Supreme Court in Nuku'alofa this afternoon, that he was not aware of any move by government to force John Cauchi to resign from his Attorney General position in 2010.
Giving evidence as the first of three witnesses called by the defence, Busby was questioned by the current Attorney General Neil Adsett who represents the defendant, the Government of Tonga.
His evidence was given in the third-day of a civil jury trial on 21 November regarding the plaintiff Cauchi, who has filed Causes of Action against the government claiming over AUD$500,000 in special damages and relief for Breach of Contract, Repudiation of Contract and Constructive Dismissal.
The AG Adsett in questioning the witness who was in the position of Chief Secretary and Secretary to Cabinet from 2008 and for the most part of 2010, before Cauchi left Tonga, whether there was any policy in government to exclude or sideline him.
He said he was not aware of any and did not recall any decision made to sideline him in his role.
He was then asked whether he was aware of any request made by the then Prime Minister Feleti Sevele to the Australian High Commission to have Cauchi recalled back to Australia.
Busby said he was not aware of any approach or request made by the Prime Minister.
“What do you say to suggestion that Cauchi was forced to resign?” asked the AG. “I did not see any indication of such a move. I received the letter of his resignation and once I received it I processed it in the usual process,” said the witness.
He also said that he had not received any warning from Cauchi that he was to resign.
He saw Cauchi's letter of resignation after 30 April 2010, but he first saw it on the internet but it was embargoed until later in the afternoon.
He said that the letters from Cauchi to the Prime Minister or himself were replied either in writing or in meetings.
Reimbursement
The witness who was questioned about the plaintiff’s claim for reimbursement of expenses, said that under Cauchi's contract he was required to give three-months notice for his resignation but he did not. And in regards to Cauchi's claim for his official travels, Busby said that he recalled the Acting Prime Minister then instructing the then Acting Chief Secretary to Cabinet to write to Cauchi and remind him of the procedure for overseas travel as it applied similar to Cabinet Ministers, said Busby.
He said in the contract he was given priviledges that applied the same to Ministers and there were procedures to follow when travelling, but he did not follow that. “I remember that cabinet received his letter for reimbursement and it was deferred to remind him of the procedure.”
The Lord Chief Justice Scott asked the witness what was the procedure. He said it had get approval by Cabinet before and applied for all Ministers.
Advisor
The witness said that an important role for the Attorney General was being chair of the Law Committee that made amendments to government bills before passing to cabinet and to parliament, and he had that function up until the time he disappeared from Tonga.
“What would you say to a suggestion that his advising job was taken from him and given to the Law Lords?” asked AG Adsett.
The witness said maybe he misunderstood, but the Attorney General advised the cabinet, while the Law Lords who were appointed by the king advised the Privy Council, but it was not for the Attorney General to do so.
Ashika
The witness was asked in regards to the sinking of the Ashika vessel whether there was any attempt by government to suppress the Royal Commission of Inquiry or to have it abandoned.
He said the motion to establish the Royal Commission was made by Cauchi and it was given the full support of government and government placed funds to it.
Was government’s job to publish the Royal Commission report, asked Adsett?
The witness said everyone knew there was a special website for that and the report was out and government did not feel it had to publish it separately.
AG Adsett asked him whether he was aware of plans to bring to Tonga special prosecutors to assist in matters arising out of the ashika sinking.
“A proposal was brought to cabinet for government to appoint two prosecutors but it was deferred to look at the finance side and it was thin. We already had huge expenses going into the Royal Commission of Inquiry,” Busby said.
The witness was asked during the period of efforts to reform Tonga’s Constitution was government relying on the Constitution and Electoral Commission to do the work? He said yes very much in the first stage before the work proceeded to amend the constitution.
“If Cauchi stayed in Tonga would he be involved in the constitutional reform of 2010?” asked Adsett.
Filling the post of the Attorney General that is separate from the Minister of Justice was one of the steps Tonga took in the reform and Cauchi would have been very helpful if he stayed, he said.
Continuing
Busby Kautoke’s evidence continues tomorrow afternoon with cross-examination by the plaintiff’s counsel Laki Niu. Cauchi completed his evidence this afternoon.
The other two witnesses for the defence are the former Prime Minister Lord Sevele and the Solicitor General ‘Aminiasi Kefu.
The trial was expected to end today but will now continue until next week.