The jury trial against Lord Tu’ivakano who is charged with 10 counts, mostly passport related offences is continuing, in its second week at the Supreme Court, in Nuku'alofa.

A Crown witness Tevita Suka Mangisi who is employed with the Ministry of Foreign Affairs, and now posted at Tonga’s diplomatic mission in Japan, started his evidence on February 17.

The witness was a Deputy Secretary from 2009-13 at the Ministry of Foreign Affairs (the Immigration Division is under Foreign Affairs) in Nuku'alofa, before he left for further studies abroad.

In his evidence in chief, he was asked by the Crown Prosecutor about the work he did in regards to this case, before leaving Tonga.

The witness said Tongan passport applications forms were brought into the office in the normal procedure, before it could be processed. But to him the applications were incomplete,

In particular to this case, were a string of emails between the witness and the then Acting Chief Secretary at the Prime Minister’s Office ‘Aholotu Palu, dated November 20, 2012 which were produced and read by the witness in the Court. 

The first email from Palu had inquired about a request from the then Prime Minister/Minister for Foreign Affairs (the accused), to Foreign Affairs to allow the issuance in regards to applications from Satua Tu'akoi and her Chinese business colleagues. 

Evidence for applications

The witness advised Palu back in another email that the applications were incomplete, therefore had not been processed.

These were applications from Chinese nationals, who had apparently naturalised as Tongans. 

The emails went back and forth between the two.

However, the applications were incomplete because two pieces of the main evidence required to prove that they had actually naturalised as Tongans were not provided. The only support was affidavit from a former female police officer, who was directed by the Police Commander at the time to issue the passports, said the witness.

The Court heard, that to show proof of naturalisation as a Tongan subject, included having a Certificate of Naturalisation and Oath of Allegiance.

There was also no evidence that Privy Council had granted the issuance of this naturalisation.

The witness said he then sought advice from the Solicitor General at the time because he had his doubts, as there was no Privy Council decision and no certificates. 

In continuation this morning, the witness was asked about an internal memo he wrote dated January 14, 2013 to two staff he worked with under the Ministry, because of his doubts on such applications that were incomplete.

“But the Minister, despite this, still directed to issue them while working to regularise them?” asked the Crown Prosecutor.

The witness answered, yes.

Trial

The accused has pleaded not guilty to all of the charges, including five for accepting bribe as a government servant and one each for money laundering, making a false statement for the purpose of obtaining a passport and perjury

The other two are for possession of an arm without a license (namely a .22 rifle) and possession of 212 pieces of ammunition without a license.

Particulars of accepting bribe charges alleged that on different dates between 2013-14, the accused, while acting in the capacity as the Minister for Foreign Affairs, accepted money as inducement for the issuance of Tongan passports to various Chinese nationals.

Meanwhile, the Court heard, the amount alleged the accused accepted bribes which ranged, but in one acceptance of a bribe charge, was as much as $199,408.94 pa'anga received, while the lowest was $3,000 pa'anga, on another.

The defence is expected to also call witnesses after the Crown.

The trial is expected to sit for four-weeks.