Lord Tu'ivakano to proceed to trial on 14 charges [1]
Friday, October 25, 2019 - 19:04. Updated on Friday, October 25, 2019 - 19:05.
The accused who is a former Prime Minister and current Tongatapu Noble’s Representative to the Legislative Assembly was initially charged with a total of 15 counts.
He then applied for nine of the charges be dismissed due to insufficient evidence. These were seven charges for accepting bribes as a government servant and two charges on money laundering
Chief Justice Whitten, in his summary ruling said after careful consideration of the evidence and submissions, he found there was sufficient evidence on eight of those nine counts.
This included, two on money laundering and six on accepting bribes as a government servant, which he ordered to proceed to trial, together with other counts (six) that were not subject to this application.
At the same time, he found there was insufficient evidence to support count 8 and dismissed it. Count 8 was accepting a bribe as a government servant.
Details suppressed
He said, in order to preserve the integrity of the ensuing trial process, ensure fairness to the accused and to insulate all potential jury members from any references, submissions, observations or determinations to date in relation to the evidence the Crown intends to adduce at trial, there shall be no publication of the content of this ruling by any person including news media, other than for the matters contained in this summary.
Lord Tu'ivakano will now proceed to trial on 14 counts:
- two counts of money laundering
- two counts of perjury
- one count of making a false statement for the purpose of obtaining a passport
- six counts of accepting a bribe as a government servant (less count 8 dismissed today)
- two counts of possession of a firearm without a licence
- one count of possession of ammunition without a licence.
Earlier, on June 14 he pleaded not guilty to all charges.
Initial rulings
Meanwhile, this ruling comes after previous rulings.
The Court heard, on January 22, Principal Magistrate Mafi committed the accused to stand trial in the Supreme Court on all counts except four of the bribery charges, which he dismissed.
The Prosecution appealed the decision dismissing the four bribery charges.
On May 21, former Lord Chief Justice Paulsen allowed that appeal on the basis that, in relation to these four bribery charges, there was sufficient of evidence to put the accused on trial.
This lead to accused by his counsel Clive Edwards Sr, filing this application for the dismissal of the nine charges, made on July 30.
Arguments was heard before the Chief Justice on October 11, resulting in this ruling.