CHRISTMAS MESSAGE PEACE PLAN - CHRISTOPHER HARDER

To the King, the Queen Mother, the Royal Family and all of the people of Tonga, I wish each and every one a Merry, Merry Christmas and a Happy New Year at this special time of year.

To all of those individuals who despite my failings as a human being, accepted and helped me gain a further opportunity to get back on to my legal feet, I give a heartfelt thank you.

In particular I thank the Chief Justice Anthony Ford, the President of the Tongan Law Society Laki Niu who initially supported my admission, as well as the nine elected Members of Parliament who petitioned the Supreme Court on my behalf.

I would also like to thank Tongan law practitioners Clive Edwards, Mana Kaufusi and Masao Paasi for all of their help as well as my clients 'Akilisi Pohiva and Uliti Uata for having the courage and the faith to engage me as their counsel, despite my disciplinary Tribunal background and against some opposition and for continuing to retain me.

I also want to thank all the Supreme Court staff, in particular the Chief Registrar Mrs Temaleti Pahulu, the Deputy Registrar Sione Taione as well as a special thank you to Losa.

As well, I say a big thank you to those in Tonga who have recently written in support of my New Zealand application for re-admission to the bar, which will hopefully be in early 2008.

When I applied to be admitted as a law practitioner in Tonga in April 2007 I gave an undertaking to live up to the high standards that are required of a barrister of the Supreme Court of Tonga in all respects both professionally and in my private life. This I have endeavoured to do.

That I have been allowed to play my part to ensure that the various accused persons charged following the terrible events of 16 November 2006 received a fair hearing in the Magistrates Court and continue to receive a fair hearing in the Supreme Court is greatly appreciated and again I say thank you and Seasons greetings to all those involved.

As well I thank New Zealand/Tongan lawyer Nalesoni Tupou and New Zealand lawyer Melanie Coxon who both actively encouraged me to come to Tonga to do service by way of helping out those people in desperate need of experienced legal help at a time when I was available to help out for free because of the generosity of others.

This opportunity has allowed me to do my best to make amends for my past actions. This service I am presently doing in Tonga is a reminder to me of the importance of helping others and is part of my ongoing rehabilitation, which includes my determination to be a good example and to stay away from alcohol, substance abuse, cigarettes, and to continue to lose weight and to control my anger.

In regards to my efforts to lose weight I wish to thank the lovely Papiloa of the Friendly Islands Motel for giving me her secret to sustained weight loss. Her idea of simply eating 5 small amounts of food a day definitely works because I have lost over 23.5 kilos (50 lbs) in less than 6 months. I have learned from her that this eating regime together with a minimum brisk walk of at least 20 minutes each day, together tricks the body into eating its own excess fat and keeps one's weight down.

In a show of my appreciation for all of the above, I have worked out a plan that if accepted by His Majesty, the Privy Council, the Cabinet, their support staff, as well as by all of the elected members of Parliament and all the other individuals who also bear some responsibility for what happened on 16/11, could lead to a more peaceful and prosperous future for all of Tonga, but only if there is "give and take" by one and all.

Let me explain. As a defence lawyer who has lived under your good auspices, I have seen, heard and learned much about the woes of Tonga following the November 16 riots and I have carried out my own investigation into the tragedy.

I have observed great turmoil and frustration about the land as families turn against each other and the country as a whole is further torn apart by pro-democracy and pro-monarchy supporters being unable to reconcile their differences.

I had a dream

On 16/11/07, one year after the 16/11/06 riots, I had a dream. In my dream I imagined a peace plan involving an amnesty/pardon granted by a merciful King, and a resolution of all other outstanding or contemplated civil issues arising out of, or as a result of 16/11, which if resolved, could bring peace and harmony to all of Tonga.

I also realized that for my concept to have half a chance of succeeding I needed to find a way to get the same message of compromise and peace into the minds of everybody in Tonga, from the King on down to the Nobles, the Prime Minister and Cabinet, his staff, as well as the elected representatives of the people and the people of Tonga themselves. I know that for my dream to succeed everyone one must be thinking the same thoughts, singing from the same song book, if the music of peace is to be heard.

And for those that say, "why should we listen to a fallen man from another land?" I ask you to first listen to the words of 'The legal Commandments' written by me many years ago when I heeded my own advice. Please do this before you conclude I am not a man ofcommonsense and cast out my peace proposal without a second thought.

To this end I decided to make this Christmas message in the hope that my unusual approach might ensure that most of the people in Tonga would at some stage during the holiday season read, hear, or talk about my Christmas message and my proposal for peace over the festive season.

And by putting my message on the Internet (www.lawyermeup.com [2]) and doing it in a respectful way, I concluded that I might just get the attention of one of the King's representatives, who would hopefully ensure that my constructive idea was passed on to the King, who I also know is computer literate, with all of the good cheer and best wishes one can muster for peace, and hope for a better world at this time of the year.

If His Majesty was prepared to be merciful and be big enough to exercise his discretion to grant mercy to all those caught up in the aftermath of 16 November then each person directly or indirectly involved, must also be big enough to accept their own personal responsibility for the part they played in this terrible tragedy.

Responsibility

Let there be no doubt, many in Tonga bear some responsibility for what happened on 16 November 2006 and the ongoing legal events that continue to tie up the legal process and stop the country from progressing.

In no particular order these persons have responsibility and they do know who they are:

- The people who first started the Pangai Si'i protest long before 16 November 2006.

- Those who encouraged ill will against the Chinese community.

- Those in the business community who plotted for personal selfish commercial gain.

- Those in the community who planned in advance to steal the containers full of corn beef belonging to local Chinese, then stole with an armada of little boats, as they did.

- The people who sold cheap gasoline for a wrongful purpose on that day.

- Those who distributed the cheap gasoline putting it in barrels in available spots in the middle of Nuku'alofa for the sole purpose of causing destruction.

- Those who freely supplied the unemployed, angry and frustrated youth with alcohol then encouraged them to carry out wanton destruction.

- Those who controlled the government radio and TV stations and who encouraged the pro-monarchy protest in opposition to the pro-democracy protest on the day.

- Those who used their own radio show to advance national unrest.

- Those elected Members of Parliament who at times spoke out without giving full consideration to the words they spoke at Pangai Si'i on the day.

- The police who stood idly by.

- The head of the military, who reported to cabinet on the day how to make a crowd hostile.

- The Prime Minister and the Minister of Justice who foresaw the trouble arising and who prepared the emergency decree a week in advance but did nothing to stop it.

- Those who piled on government bills on the parliamentary agenda to delay the airing of the peoples proposed legislative initiative the week before 16/11.

- Those who wrongly adjourned Parliament.

- Those who discarded the Tu'ipelehake report.

- Those who approved the pro-monarchy protest at Pangai Lahi on the 16th of November 2006 in the face of the pro-democracy protest and who knew it would breed trouble amongst the people, but did not care.

- Those police officers who severely beat or worse, arrested individuals on the night.

-Those who encouraged others to damage and destroy.

-Those who shut the door of the walk in safe on the intruders at Shoreline until the police could be called.

- Those who lied to the police and falsely claimed that "'Akilisi Pohiva" yelled out in the cabinet room 'That if the Prime Minister did not give in to the people's demands that they would destroy Nuku'alofa."

- Those who claimed the pro-democracy Members of Parliament were responsible for murder.

A possible solution

The defamation proceeding brought by the pro-democracy movement against the Prime Minister's political advisor Senituli Lopeti be withdrawn.

The defamation writ brought by the Prime Minister against Kelea newspaper be withdrawn.

The private complaint of perjury made against Lopeti Senituli not beproceeded with further.

The private complaint against the Prime Minister and the Minister of Lands alleging 'seditious conspiracy' for encouraging disharmony between the classes not be proceeded with further.

The Tu'ipelehake report be adopted by the parties and that the King publicly supports this constructive suggestion.

The legal initiatives presently being considered by 'Akilisi Pohiva in an effort to interfere with the Coronation of the King cease.

The King grants a pardon to each of those individuals presently convicted and sentenced in regards to a 16/11 offence who write to His Majesty and requested mercy after stating in writing "For my part in this terrible tragedy, I apologise and say I am sorry" and also agree to enter into a two year peace bond.

The King grants an amnesty to each and every person that is presently charged with a 16/11 related offence if they are prepared to come forth in a public assembly before the King at the Royal Tombs, and publicly utter the words "For my part in this tragedy, I apologise and say I am sorry."

May it please Your Majesty and the People of Tonga

Christopher Harder

Law Practitioner of Tonga

Sunday 9 December 2007