The jury trial against Lord Tu‘ivakano on offences relating to the issuance of Tongan passports continues in its fourth week, with the defence opening its case today, submitting insufficient evidence against the accused. 

This was after the Crown concluded calling its witnesses, in the jury trial that started last month at the Supreme Court in Nuku'alofa.

The accused is Tonga's former Prime Minister and Minister for Foreign Affairs, who has pleaded not guilty to 10 counts.

This included five counts 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.

Allegations

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.

The amount alleged ranged, but in one acceptance of a bribe charge, it alleged as much as $199,408.94 pa'anga was received, while the lowest was $3,000 pa'anga, on another.

Prosecution alleged that the money was transferred from Sien Lee and Ying Huang Lee.

For making a false statement charge, the accused is alleged on July 17, 2015 he had written a letter to the Immigration Division of the Ministry of Foreign Affairs, stating that Hua Guo and Ms Xing Lui were naturalised as Tongans on October 29, 2014.

The Court also heard, for perjury, the accused is alleged, that on December 21, 2015, he made an oath in an affidavit, stating that these two were naturalised during his time as the Minister of Foreign Affairs and that naturalisation Tongan passports were then issued to them, knowing this statement was false.

While, the firearm and ammunition charges were due to a search warrant executed by Police at his home on March 1, 2018 in Nuku’alofa.

Defence 

William Clive Edwards, the counsel for the accused, submitted to the Court in the first count of accepting bribe, the money transferred belonged to the accused, which he won at the casino.

“Defense will call witnesses to attest evidence to this and one cannot be indicted if it was their own money. That is our defence, it was Lord Tu’ivakano’s money,” he said.

On other accepting bribe counts, he said, prosecution had not produced evidence that the money transferred to the accused wife's account or in cheques made out in the name of his grandson, was to bribe him or induce him for favours to issue passports.

One of the Crown witnesses had given evidence regarding one particular bribe charge, that money sent from the Chinese couple was for the importation of goods. Meanwhile, other amounts were transferred for business transactions, that included payment for refurbishment and rent deposited for workers on behalf of the Chinese couple, he said.

The Court was told, Sien Lee and his wife were at the time negotiating to purchase shares at the Tonga Development Bank, among other ventures.

The defence counsel, said one bribe count, alleged a cheque was made to the accused’s grandson for inducement to issue passports.

However, these passports had already issued, some 10-months before this payment was made. There is no proof that Sien Lee or wife made these payment for issuance of passports, he said.

Meanwhile, on money laundering, the counsel asked, where is the evidence to prove that this money came from a serious offence, an element of the charge.

Bank officials gave evidence that normal procedure entrusts them to enquire its purpose if the amount exceeded $10,000 pa'anga. No evidence was provided that this money gave from a serious offence, he said.

The defence counsel said, it was the prosecution's job to prove this but they had not.

“There is not enough evidence in this trial even though we would still call evidence. The accused will also give evidence.”

“On the firearm charge, the accused had a license and will give evidence to that effect. On the ammunication charge, it is our defence that it did not belong him. The ammunition belonged to the accused son who is a soldier.

“He left the ammunition at his father's house,” the counsel told the Court.

Passports

The defence counsel concluded, that all of the evidence called by the prosecution alleged wrongful acts in issuing of passports by the accused. But Lord Tu'ivakano is not charged on this, he said.

He said, Crown witnesses over the past three-weeks gave evidence to explain the proper procedure of passport issuance to the court, and that the work was done right.

“It is up for you (jurors) and the Court to examine this. But you should know the accused is not charged on this,” he said.

Lord Tu'ivakano did his responsibility according to the law in making direction regarding the issuance of the passports, because there were legal documents to support it, namely affidavits that these applicants had Tongan passports in the past, he said.

The defence counsel continues his submission tomorrow before calling his first witness.

Prosecution on the other hand, concluded the last of its 15 witnesses, including bank officials and police officers, who investigated this case.