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Civil case challenges millions paid to Tongasat by Govt [1]

Nuku'alofa, Tonga

Tuesday, June 19, 2018 - 20:11

PM Hon. Samuela ‘Akilisi Pohiva, Dr Rodney Harrison and Mele 'Amanaki, Nuku'alofa Supreme Court, Tonga, 19 June 2018.
 
A civil proceeding alleging unlawful payment of around USD$25.4 million to Tongasat by the Government of Tonga back in 2011 for the use of its orbital slots by a Chinese company, is being heard at the Supreme Court in Nuku'alofa this week. Three successive Tongan Prime Ministers will be called to give evidence.
 
Brought by the Public Service Association Inc. and Samuela ‘Akilisi Pohiva against the Kingdom of Tonga (Government) and Friendly Islands Satellite Communications Ltd, trading as Tongasat, the proceeding is before Lord Chief Justice O.G. Paulsen.

The essential allegation is that this payment to Tongasat was unlawful and was in breach of a Public Finance Management Act 2002.

The plaintiffs represented by Dr Rodney Harrison are seeking a declaration from the court that the payment of this second trance aid grant funds to Tongasat was a dealing with funds (as public money in terms of the Public Finance Management Act) without lawful authority and therefore in breach of the Act. It claimed it was an unlawful and invalid deal as those funds remain the lawful property and entitlement of the Kingdom (Government) and that this aid grant was made by the Chinese Government to  Tonga Government.

The plaintiffs are seeking an order that Tongasat repay or pay to the Kingdom of Tonga the Tongan currency equivalent of USD25,450,000 or lesser sum as the court determines that Tongasat is liable to repay. Or in the alternative, damages payable to the Kingdom of Tonga in the Tongan currency equivalent of USD25,450,000 or such lesser sum that may be awarded plus interest on all sums to be paid or awarded by way of damages at a rate and for such period, as the court deems just and appropriate.

Evidence

Meanwhile, the Prime Minister Hon ‘Akilisi Pohiva was one the witnesses for the plaintiffs this morning.

He was questioned by Tongasat counsel William Edwards Jr. on certain contents of an Agency Agreement between the Kingdom of Tonga and Tongasat, which governed the orbital slots as well as its certain placement and locations. among other things.

The PM answered that he knew very little and did not know the details and at one point answered that he had to read the full agreement before making a response.

When re-examined by his counsel, the PM agreed that he had sought inquires with Tongsat about this matter and had met its CEO back then, on a date he could not confirm.

He asked this person about the financial contribution or government’s share for the orbital slots but no information was given to him.

The trial which began on June 18 continues with witnesses from Government’s side, including two former Prime Ministers Lord Sevele and Lord Tu’ivakano, as well as former Secretary to Cabinet ‘Eseta Fusitu’a.

Government is represented by the Acting Attorney General ‘Aminiasi Kefu.

Tonga [2]
civil dispute [3]
Tongasat [4]
Government of Tonga [5]
orbital slots [6]
payment [7]
PM Hon 'Akilisi Pohiva [8]
Lord Chief Justice O.G Paulsen [9]
Supreme Court [10]
PSA [11]
Mele 'Amanaki [12]
From the Courts [13]

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Source URL:https://matangitonga.to/2018/06/19/civil-case-challenges-millions-paid-tongasat-govt

Links
[1] https://matangitonga.to/2018/06/19/civil-case-challenges-millions-paid-tongasat-govt [2] https://matangitonga.to/tag/tonga?page=1 [3] https://matangitonga.to/tag/civil-dispute?page=1 [4] https://matangitonga.to/tag/tongasat?page=1 [5] https://matangitonga.to/tag/government-tonga?page=1 [6] https://matangitonga.to/tag/orbital-slots?page=1 [7] https://matangitonga.to/tag/payment?page=1 [8] https://matangitonga.to/tag/pm-hon-akilisi-pohiva?page=1 [9] https://matangitonga.to/tag/lord-chief-justice-og-paulsen?page=1 [10] https://matangitonga.to/tag/supreme-court?page=1 [11] https://matangitonga.to/tag/psa?page=1 [12] https://matangitonga.to/tag/mele-amanaki?page=1 [13] https://matangitonga.to/topic/courts?page=1