The Attorney General’s Office (AGO) has publicly scolded the Minister of Police and Fire Services, Hon. Mateni Tapueluelu, for making false allegations against Police Commissioner Stephen Caldwell.

In an official media statement yesterday, the AGO said that Hon. Mateni Tapueluelu lied to a local radio station (FM87.5) in an interview on Saturday 3 March when Hon. Tapueluelu said that the recent arrest of prominent politicians occurred because the Police Commissioner wanted to be seen favourably by the Government so that his contract could be extended (The Police Commissioner’s contract will end at the end of April. Mateni said that the Judicial Appointments and Discipline Panel has extended the Police Commissioner’s contract for another year. The Cabinet however has to negotiate with the NZ government to pay the commissioner’s salary).

The AGO stated in its media release: “This allegation asserts that these arrests and laying of criminal charges was conducted with improper motives and methods,”

“The Attorney General’s Office wishes to state that this allegation is absolutely incorrect and untruthful. The allegation has been made without the full knowledge and appreciation of the process or the contents of the Tonga Police investigation, and the support provided to the Tonga Police Investigation by the Attorney General’s Office.”

Passport Fraud and ‘Unuaki-‘o-Tonga Royal Institute investigations

The AGO noted that it approved recommendations by a team of prosecutors to commence criminal proceedings against former Prime Minister Lord Tu’ivakano and the Minister of Internal Affairs ‘Akosita Lavlavu and her husband ‘Etuate Lavlavu, following the review of investigation files submitted by the Tonga Police.

Furthermore, the AGO stated that the Acting Attorney Director met with the Police Commissioner to discuss the recommendations to prosecute on 22 January (concerning the investigation into Unuaki-‘o-Tonga Royal Institute) and on 29 January (concerning Tongan passport fraud investigations). The senior Crown prosecutor and the lead Police investigator were present at both meetings. It was agreed that arrests should be made and charges laid against the accused.

The AGO stated: “On 12 October 2017 the AGO (Attorney General’s Office) received from the Police Commissioner 45 Police investigation files for the investigation of the UTRI (‘Unuaki-‘o-Tonga Royal Institute).. On 10 November 2017 the AGO received 38 Police investigation files in relation to the passport fraud investigation.”

“The AGO then established a team of crown prosecutors to review these investigation files, consisting of one senior Crown prosecutor and four junior Crown prosecutors.”

“In both cases, the Crown prosecutors recommended that criminal prosecution be commenced…”

Arrests delayed

The AGO revealed that on 29 January, The Acting Attorney General and the Police Commissioner agreed that the accused would be arrested consecutively on 7 and 8 February. However, the planned arrests were re-scheduled but further delayed by Cyclone Gita which struck Tonga on 12 February.

Prime Minister briefed on arrests

It was further revealed that after Hon ‘Akosita Lavulavu was arrested on 3 March, the Police Commissioner and the Minister of Justice briefed the Prime Minister and the Minister of Police respectively.

The AGO stated: “Later that day the Hon Minister for Justice informed the Police Commissioner the reply from the Hon Prime Minister, was for Tonga Police to continue to perform their work in accordance with the law, and so Tonga Police acted accordingly, with the support of the Attorney General’s Office.”

Presumption of Innocence

The AGO declared that it was important for the public to understand the concept of “Presumption of Innoncence”.

 “The presumption of innocence is respected by all civilized and democratic nations around the world which abide by the principles of the rule of law, and Tonga should not be an exception. The public are urged to understand this fundamental right, and ignore any prejudicial comments made in public against the Accused and these criminal charges until the prosecution is finalized in the Courts.”

The AGO also declared that the recent arrests: “…never motivated by any favouritism, ill-will or malic nor were they motivated by any undue influence from any political authorities or other authorities, or in order to favour any person involved in this work, particularly the Police Commissioner.”

“The criminal proceedings were commenced independently in accordance with the Constitution and the Laws of Tonga, and to the highest of highest of policing and prosecutorial standards.”