From Matangi Tonga Magazine, Vol. 13, no. 1, April 1998.

The Tongan Privy Council on Friday March 20 made three new government appointments, effective from March 23, in a Cabinet shake-up, which followed the arrest of a Minister.

The appointments follow the resignation of the Minister of Lands, Survey and Natural Resources, and Governor of Ha‘apai, Fakafanua, who was on bail and facing either criminal charges of fraudulent conversion, extortion and accepting bribes.

New Ministers

The new Minister of Lands, Survey and Natural Resources, is the Noble Tu‘i‘afitu (64), the former Governor of Vava‘u.

The new Governor of Vava‘u is Capt. S. Ma‘ulupekotofa Tuita, (47) formerly the Deputy Secretary of Foreign Affairs and the Chief of Protocol. Capt. Tuita is the King's son in law.

The new Governor of Ha‘apai is the Noble Fielakepa LLM (36) formerly the King's private secretary.

More new appointments are expected in May to replace the retiring Minister of Foreign Affairs and Defence, Crown Prince Tupouto'a.

Accused

The charges relate to an investigation into the former Cabinet Minister's handling of monies for government land leases. However, his counsel asked for a further adjournment on the grounds that the 64-year-old nobleman was ill and not fit to appear.

The Ha'apai Governor, Fakafanua, first appeared in court on March 16, on four charges related to the alleged mis-handling of government funds.

But Fakafanua did not appear in court, because according to his counsel he was in Cabinet. Despite a request from the police for the accused to be arrested for an infringement of the condition of his bail, and that a hearing date be set for another day, the Police Magistrate Palavi Tapueluelu refused to issue a warrant for arrest and set a hearing date for April 8 with the condition for bail extended to that date.

Before the hearing on April 8, the police brought five more criminal charges against Fakafanua, and on March 27 took him to the police station for further questioning. Fakafanua and his legal counsel were told when Fakafanua was taken into custody that both he and his counsel were being charged with obstructing the police. Later tha same day Fakafanua was freed from police custody after he applied for the issue of a writ of Habeas Corpus, and Chief Justice W. Lewis found that Fakafanua had been arrested without warrant.

The hearing of the obstruction charges, and counter charges that were brought by Fakafanua and his counsel against the Police, was set for April 7, when counsel requested for the hearing to be postponed because Fakafanua was ill. A hearing date was then set for April 21.

The hearing of the 13 criminal charges was also postponed until May 6.

Under Tongan law the maximum penalty for the charges if found guilty is from ten years to three years imprisonment respectively.