Lord Tu’ivakano has denied offences made against him relating to the issuance of Tongan passports to Chinese nationals, when he gave evidence as the first witness for defense, on March 3. 

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

This includes five for accepting bribe as a government servant, which he is alleged to have received as inducement to issue the passports.

Particulars of accepting bribe charges alleged that on different dates between 2013-14, while acting in the capacity as the Minister for Foreign Affairs, he accepted money as inducement for the issuance of Tongan passports to these 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 a couple Sien Lee and Ying Huang Lee.

Macau casino

When examined by his counsel, William Clive Edwards before Lord Chief Justice Whitten, the accused was asked on what he had to say, about the first count of accepting bribe, which he is alleged to have recieved the $199,408.94?

Lord Tu'ivakano answered this was a false allegation. 

He went on and explained in November 2013, he led a Tongan Government delegation visit to Guangdong in China, where bilateral meetings were held.

After the meetings and on November 10, himself, the then Acting Secretary and Chief Secretary to Cabinet ('Aholotu Palu), his grandson and Dr Sione Latu left for Macau.

The Court heard, the accused was to travel in a few days to Sri Lanka for the Commonwealth Head of Governments meeting, so as to avoid any more expenses of having to return from China to Tonga and then fly out again, they went to Macau with expenses paid for by Sien Lee.

The accused, said it was also his doctor’s advice that he reduce the amount of flying, because he suffered a heart attack in New York, when he attended another meeting.

The accused in his evidence to his counsel, said when they arrived in Macau, they were welcomed by Sien Lee, who was revealed to have been Tonga's Trade and Tourism Commissioner (approved by Cabinet) in China.

“We stayed at the Four Seasons Hotel which was situated close to a casino,” he said.

The Court heard, on day they arrived and later that night, the accused, 'Aholotu and Sien Lee went and met with potential investors at the casino.

“The meeting was not long so after we continued to the machine at the casino to play,” said the accused.

The accused said he got lucky although he was only shown how to use the machine on that night. He won $43,000 Hong Kong dollars, which he cashed from the cashier, after submitting his winning ticket. 

He then went back with (Lee and 'Aholotu) with the money to the hotel. He put the money in his room's safe and asked his doctor and grandson, who were there to try and remember the safe's combination.

His evidence, on the next evening, he again went to meet with potential investors at the casino, and after he again got lucky and won another $950,000 Hong Kong dollars, from playing the machine.

The accused said, Sien Lee then took the ticket and said he would work on it and would transfer the money (and the winnings from the night before) from his wife’s bank account to Tonga.

Clarity

Lord Chief Justice Whitten then asked the accused for clarity, if it was his money why put it into to Sien Lee's wife account?

He answered, because it was normal in such situation, he had no bank account there to put the money in, otherwise he wouldn't be able to take it out of the country.

When asked by his counsel, whether others knew about his casino winnings. The accused said yes, his delegation and Cabinet knew about it.

When he left for Sri Lanka, he was not bothered with the money, because he trusted Sien Lee.

The Court then heard, Sien Lee and his wife with 'Aholotu flew by helicopter to Hong Kong on November 12 to do this transfer. The accused said he gave his account number to 'Aholotu.

When in Sri Lanka, Sien Lee, his wife and son visited, and Lee told him he had already transferred the money, estimated to have been around $200,000 pa’anga, said the accused.

He said, the difference in amount might be due to fees and did not know much about “banking stuff”.

“Your luck, the money got from winnings is that true or made up?” asked the defense counsel.

“As God as my witness, I am not telling a lie. This is what happened and I am stating this to court,” said the accused.

He also said, police had never interviewed him once to ask where the money in his account came from.

Dirty money

On the money laundering count, defense counsel asked the accused, what he had to say about this allegation, and if this money was received from an offence or was it from his wins?

“This is my money, this is not dirty money,” he told the Court.

He also denied other bribe charges either made through his wife or his grandson.

In regards to money transferred to his wife's bank account, he gave evidence that he did not know of this dealing and was only aware of it later.

Defense produced photographs of two of his homes in Nukunuku and Kolofo’ou.

The accused said, he did not know of any agreements or payments made for rent regarding his two homes, until later in 2014.

“I was busy with my role as Prime Minister and my wife handled our personal matters,” he said.

He said, this money was for refurbishment and rent, and he knew this later.

Sien Lee

The accused, said Sien Lee was thinking of various investments in Tonga, that included purchasing Dateline Hotel, which was not in operation at the time, as well setting up a domestic airline and purchasing of a Chinese bank.

But the most important venture, Sien Lee was looking to purchase 40 percent of the shares at Tonga Development Bank, the accused said.

“We talked about economic development, where he was proposing to deposit $15 million into the bank, so that fishermen and farmers can take out a loan at one percent. This was something needed for economy,” he said.

He said the shares were only effective for 10-years and after that, returned to the bank. But Cabinet did not approve this as Tonga did not want the help.

“That is the purpose of these works regarding the homes,” said the accused.

“This person (Sien Lee) is a friend of the late King who had wished to bring investors to invest in Tonga, but cabinet said no. They are the authority and since they did not approve it, I saw no use to oppose it,” he said.

The accused also gave evidence that he had never talked with Sien Lee about passports.

The discussions was only on what he could do to assist Tonga.

“But you are charged that you were paid to show favour and issue passports. What is the truth?” asked his counsel.

The accused denied doing any such wrongful acts to be paid money to sell the passports of our country with God as his witness.

"I am telling the truth."

“In addition, my wife comes from a business family and she has a business mind...it is outrageous to suggest that I use my family to do this,” said the accused.

False statement

With regards to the counts of false statement and perjury, the accused said that he directed the passorts to be issued, because it was for renewals only.

In addition, it was supported by affidavits from a former Police Commander (Sinilau Kolokihakaufisi) and former police officer ('ileana Taulua).

The accused claimed this was their legal documentation.

Passports

Chief Justice again asked for clarity, when he was presented with the letter regarding these passport applications, whether there was any evidence of naturalization.

He said it was based on affidavits of these two.

However, the accused confirmed there was no reference to a Privy Council decision of naturalisation, regarding these applications. 

For any passport sold in 1990s there was no Privy Council decision required to confer those naturalisation, asked the Chief Justice.

The accused said this is what he understood. 

The Chief Justice asked, whether the law still stands for that person to reside in Tonga for five-years, before applying for naturalisation.

He said the people aimed for these passports back then, were business people, they had no intention to stay in Tonga. 

“If they didn't intend to stay in Tonga, why would they need Tongan passports?” asked the Chief Justice.

The accused said for example, a Chinese from mainland China could only travel once to Macau, but if it was a foreigner they could enter more than once.

“So the Tongan passports were needed so they can travel to other countries?” asked the Chief Justice. The accused said, yes.

He was again asked then if he knew, that mainland Chinese can only enter Macau once was imposed due to the government's concern regarding money laundering?

The accused said, he did not know about this, and said when he looked at the copies of the old passports dated in the '90s, and that was enough for him to make a decision on.

The accused continued his evidence today, where he was started to be cross-examined by Crown Prosecutor Semisi Lutui.

The trial continues tomorrow.