The trial against Lord Tu'ivakano on offences relating to Tongan passports, heard from a Crown witness, that despite lack of concrete evidence to prove naturalisation in two passport applications, the accused still directed for their issuance.

The accused, who is a former Prime Minister and Minister for Foreign Affairs has pleaded not guilty to 10 counts, five of which are for accepting bribe by a governant servant.

The Crown alleged the accepting of bribe was an inducement for the accused to issue the Tongans passports to various Chinese nationals.

Witness, 'Oiuta Kaho, a former Officer-in-Charge of the Passport and Naturalisation Division at the Ministry of Foreign Affairs, started her evidence in chief on February 18.

Concerns

She was asked by the Crown Prosecutor, on work she did regarding the two passport applications for renewals, namely Shanoi Kham and Singkei Lou.

These who had apparently naturalised as Tongans and their applications, were supported only by copies of old passports and affidavits from a former police officer, 'Ileana Taulua.

The Prosecution produced in Court, a letter dated October 28, 2014 from the then Secretary of Foreign Affairs, Va’inga Tone to the accused, regarding a request for these two to be issued Certificates of Naturalisation.

The witness read the letter in Court, and revealed Tone informing the accused, that staff had searched for files regarding a decision by Privy Council that approved their naturalisation. 

However, Tone (in letter) said evidence was not at hand and missing such concrete evidence was a concern to their office.

If the Oath of Allegiance and Certificates of Naturalisation were to be produced, it would be most helpful, said Tone to the accused.

Tone also informed the accused, they had sought legal advice on the issue and when received would forward it to the accused.

However, Court heard, the accused in return had directed Foreign Affairs to reissue the Certificates of Naturalisation for the two and to prepare the Cerfificates for the them to sign.

The witness was asked by the Crown Prosecutor, about this written direction, and whom it was from. “I was told it was from the Prime Minister [the accused]”, she said.

Due to this, she was directed by Tone to prepare the Certificates as directed by the accused. The applicants were also to come in to the office to sign the documents, on that day.

The witness was also present, when the two applicants were administered their oaths and issued their Certificates of Naturalisation. Also present was the accused and Tone.

Clarity

Lord Chief Justice Whitten, for clarity, then asked the witness whether she asked the applicants if they had Certificates of Naturalisation. The witness said, no.

She was also asked, from her perspective and experience, the provision only of old copies of passports and affidavit from Taulua as evidence (in this case), whether it fulfilled the requirement for naturalisation. She again, said no.

The judge asked what else is needed?

She answered, a decision from Privy Council granting the naturalisation and the Certificate of Naturalisation.

The witness was also asked, when she prepared these Certificates for Naturalisation, did she have any evidence that either two had been naturalised. She said, no.

Other applications

At the same time, the witness also told the Court, that she had also received five other passport applications for renewal from Chinese persons in 2014.

She had first refused to process them because the applications were incomplete.

The Prosecution provided Tongan Passport Registry Books in Court, where names, passport numbers, date of issue of these applications were being matched. 

When the witness was asked to find a name of one of the applicants, in that registry book according to year of issuance, the witness found there was no such number on the registry nor was the name of the applicant, among other discrepencies.

The witness told the Court, that normal procedure requires once a passport is issued, the date is recorded on the registry on that same day.

The trial continues on Monday, February 24.