Tonga's Acting Prime Minister took the witness stand on Day Three of a preliminary inquiry hearing into sedition charges against five People's Representatives and told the Court that the Prime Minister had been asked to write a letter under duress on November 16 while the town burned.

The Acting Prime Minister, Minister of Foreign Affairs and the Acting Minister of Defence, Tu'a Taumoepeau Tupou, told the Nuku'alofa Magistrate's Court yesterday afternoon that the two People's Representatives, 'Akilisi Pohiva and 'Uliti Uata proposed to the Prime Minister, Dr Feleti Sevele in the Cabinet Room to write a 'Letter of Understanding', on the afternoon of November 16.

The proposed Letter of Understanding was to state clearly a proposal from their committee for political reform for 21 members of the Tongan parliament to be elected by the people, while the nobles were to elect nine representatives. The two PRs wanted to take the letter back to the rally at Pangai Si'i, "in order for the people at Pangai Si'i to disperse peacefully."

Hon. Tupou said that it took the Prime Minister a while to consider the proposal. The Prime Minister told the two PRs that if he were to write such a letter, it would be on the condition that the people at Pangai Si'i dispersed peacefully.

The 'Letter of Understanding' was then drafted by the Minister of Justice, "and initially she was to sign it but the People's Representatives wanted the Prime Minister to sign the letter," said Hon. Tupou.

The Crown Prosecutor Mr Little asked Hon. Tupou if during the meeting the issue of the Rule of Law was ever mentioned, and Hon. Tupou said he could not remember but the Minster of Police had emphasised the law and how the writing of the letter was under duress.

Crown Prosecutor Little also asked if there was any discussion on the issue of a referendum, and Hon. Tupou said yes, and that the Minister of Transport proposed that a referendum was the best option at this time. But 'Akilisi Pohiva told them that this was a bit too late.

The meeting concluded at about 4 pm and when he came outside he could see that the Molisi Tonga Supermarket [owned by Dr Sevele's family] was already burning.

Concern for safety

The Acting Prime Minister said that on the morning of November 16 2006 he arrived at the Cabinet Office, in Nuku'alofa at 9:45am for the purpose of an 'informal cabinet meeting,' to decide whether Parliament should continue sitting or not that day.

On that morning Parliament did not sit because there was grave concern amongst Cabinet Ministers and Nobles' Representatives for their safety in parliament, because of what was going on at Pangai Si'i that day.

The Acting PM said that as the day progressed the noise and music at Pangai Si'i was getting louder, the volume was turned up. At a time he heard someone calling in a bullhorn for the Prime Minister to come to Pangai Si'i.

Security sub-committee

Hon. Tupou said that while they were having their informal meeting in Cabinet, the Minister of Justice as a Cabinet member was attending a meeting of the Parliamentary Security Sub-committee in Parliament to decide if parliament should resume or not.

Hon. Tupou said that later in the afternoon of November 16 the Cabinet's Security Sub-committee was also at the Cabinet room. The Cabinet's Security Sub-committee consisted of the Prime Minister, Minister of Finance, Minister of Police, Minister of Transport, himself, the Acting Police Commander and the Acting Defence Commander. The Minister of Justice joined the meeting later, "because she was at the meeting of the Parliament Security Sub-committee.

"The purpose for our meeting was to assess the situation at Pangai Si'i, to see if the police were ready to enforce the rule of law and to also to see if the Tonga Defence Service was ready if the police needed any assistance."

Hon. Tupou said that during the course of their meeting, it became known that 'Akilisi Pohiva had asked to meet with the Prime Minister, so the Prime Minister asked the Acting Secretary to Cabinet to check if Pohiva was outside. The Prime Minister was initially scheduled to meet Pohiva in Parliament but it was later changed to the cabinet room.

"About this time the throwing of things at the Prime Minister's Office started, and I wasn't sure if they were using rocks or coconuts because I was inside the Cabinet office. It was not until later when I came out that I saw smashed windows, and people were in the foyer just outside the Cabinet room and the police were chasing them away.

"I went outside to the Acting Defence Commander who was going to tell Pohiva, who was there, to leave but I told him that Prime Minister wanted to meet him at about 2:40 or 2:45 in the afternoon.

"The Speaker of the House, Hon. Tu'iha'angana, and Hon Luani arrived at the Cabinet office, because the Parliament office was damaged and the Prime Minister clarified to them the Government's model about reform. The Nobles reaffirmed that they would not support the Government's model until they had spoken and met with the Nobles.

Meeting with PR's

Hon. Tupou said that Pohiva and other People's Representatives excepting 'Isileli Pulu and Samiu Vaipulu came into the Cabinet room. The Minister of Justice said a prayer and there were discussions about the damage that had taken place.

"The Prime Minister reconfirmed to the PRs the Government's position with regards to the reform then 'Akilisi presented their model of government in which they wanted 21 members to be elected by the people and nine Nobles to be elected by the nobles.

"The Prime Minister was not pleased with this but 'Akilisi said that, if the government did not accept this then they 'will not be able to control the people at Pangai Si'i'. He also asked for Parliament to sit in the afternoon but the Speaker declined this because members were still in doubt of the situation at Pangai Si'i."

Cross Examinations

Defence counsel Clive Edwards in his cross examination of the witness asked him whether the People's Representatives entered the Cabinet room together or one at a time or in parts, the witness answered the majority came in at the same time.

Edwards asked whether the conclusion of the meeting was the letter being referred to the Privy Council and the House. The Minister answered that the conclusion he was aware of was the signing of the letter by the Prime Minister so that the people would be dispersed peacefully.

The counsel also put again that the letter was not referred to the Privy Council and the House, the witness said he did not recall that but added that the letter was made on the condition that the people be dispersed peacefully.

Defence counsel Masao Paasi asked the witness whether the conclusion of the meeting was the signing of the letter, the witness answered yes.

He also asked was the letter submitted to Cabinet or parliament and the Minister answered that he did not know.

Defence counsel Christopher Harder thanked the witness for his clear and honest testimony and told the court that his client felt that the evidence given was sufficient for them..

The hearing continues on Day Four today.