John Cauchi AG: "I can't stay and pretend nothing is wrong. . . It is wrong and it is serious!"

Govt has lost sound legal guidance, in difficult times - Dr Guy Powles (Melbourne): Mr Cauchi is an experienced lawyer, highly respected for his competence and integrity, who knows Tonga well. He took up office less than a year ago. Having dispensed with the services of the previous Attorney-General, Ms ‘Alisi Taumoepeau, with the resignation of Mr Cauchi the Government has once again lost a source of sound and forthright legal guidance, so critical during these difficult times. On several occasions during recent years, the Tongan Government has shown a lack of understanding of the principles of the rule of law - or perhaps how to give effect to them in practice. In his Press Release, Mr Cauchi has given examples that have occurred since his arrival.

A number of earlier matters of public record caused concern at the time - such as the appointment by His Majesty the King of a ‘Judicial Committee’ of Law Lords to the Privy Council; Cabinet pre-emption of aspects of the work of the Constitutional and Electoral Commission and its findings; examples relating to the independence of the judiciary given publicly by Ms Taumoepeau following upon her departure; and the decision to remove the office of Attorney-General from direct involvement with the work of Privy Council, Cabinet and Parliament. It should be noted that neither the Minister of Justice nor any other member of Cabinet has any legal training or experience. As far as the Law Lords are concerned, it would be contrary to constitutional principle for these appointees to give legal advice in governmental matters. Under the constitutional structure long since adopted in Tonga, the Attorney-General, who heads the Crown Law Office, is the principal legal adviser to the executive branch of Government, which includes both Privy Council and Cabinet. The status of the Attorney-General as well as the efficiency and integrity of the Government are compromised if this principle is undermined. From what Mr Cauchi has said, it seems that the Government has succeeded in ensuring that the Attorney-General is far removed from key policy and decision-making. This is a discouraging environment for sound constitutional reform. - Dr Guy Powles (Melbourne)