Tonga’s former Speaker of Parliament Lord Lasike, who was removed from parliament in 2012 is to be paid $223,385 pa’anga in remuneration by the Kingdom of Tonga, in lieu of a salary that he would have earned as a member of the Legislative Assembly and as Speaker from July 9, 2012 to November 24, 2014, ruled the Lord Chief Justice on February 2.

This civil claim brought by the noble, as plaintiff against the Kingdom of Tonga the defendant, was heard from January 27-30 in the Supreme Court of Tonga.

Lord Lasike sought declaratory relief that his removal from the Legislative Assembly and as Speaker was unlawful and contrary to the Constitution, that he remained a member of the Legislative Assembly from July 9, 2012 until the end of his term on November 24, 2014, and he is entitled to the remuneration and emoluments that were not paid to him.

The claim arose from the consequences of  a case on July 9, 2012 when the noble was convicted in the Supreme Court of possession of ammunition without a license.

He appealed his conviction but was nevertheless deprived of his hereditary title and estates as Lasike, along with his seat in the Legislative Assembly and his position as Speaker. He appealed against this decision, and on October 12, 2012 the Appeal Court quashed his conviction.

He was then restored to his hereditary title and estates but not to his seat in the Legislative Assembly or as Speaker.

Declarations

Lord Chief Justice O. G. Paulsen after hearing the evidence, and for reasons given said he was not prepared to make declarations in terms of what the the noble sought that he was unlawfully and in breach of the Constitution removed as Speaker and as a member of the Legislative Assembly.

He said in regards to another declaration sought by him to the Court, that he did not resign nor was he dismissed after impeachment from his position as a member of the Legislative Assembly.

"This issue had never been in dispute and I cannot see any utility in making a declaration in those terms," he said.

The Chief Justice then allowed that the noble is entitled to payment from the defendant of the remuneration that he would earned as a member as a Member of the Legislative Assembly and as Speaker for the period of July 9, 2012 to November 24, 2014 in the sum of $223,385 pa’anga.

"I make no declaration as to the payment of interest on the $223,385," he said.

Costs were reserved and if the parties are unable to agree on costs he said they should file written submissions within 21-days.

Case

The Court heard that Lasike held the title and estate since 2002.  In 2005 he was elected to Legislative Assembly as the Noble’s Representative for ‘Eua. 

Lord Lasike was re-elected in 2008 and again in 2010. On December 17, 2010 he was made Speaker of the Legislative Assembly.

On July 9, 2012 he was convicted in the Supreme Court on a charge of possession of ammunition without a license. This is an indictable offence punishable by imprisonment for a term of up to five-years.

He was fined $500, and he immediately appealed to the Court of Appeal, which quashed his conviction, which led to this proceeding.