TONGA'S first Police Commissioner Chris Kelley will have his final day in office next Friday, August 5 before leaving Tonga the following day, after the Minister of Police in a letter, stated that the Commissioner's contract would not be renewed.

The Police Commissioner did not want to comment on why he was leaving Tonga so abruptly, but said that he would make a press statement on August 2.

The Commissioner's three-years contract with the Tongan government is due to expire on 22 September, but it is understood he is taking holidays owed to him by leaving earlier.

The method of the termination of the Police Commissioner's contract raised questions over the government's ability to implement the new Tonga Police Act.

Cabinet decision

The Minister of Police, Hon. Dr Viliami Latu told Matangi Tonga this morning that it was a Cabinet decision not to extend Commissioner Kelley's contract and that he had written a letter to inform him.

He said that Commissioner Kelley was brought in to implement a five year development project, jointly funded by Australia, New Zealand and Tonga, and even though there was still work to be done, "but the new government decided not to renew his contract, but to advertise for a new person to take over from him."

However, the Minister of Police admitted that the government was having great difficulty implementing the Police Act 2010 because neither the Privy Council nor the Judicial Appointments and Discipline Panel had ever met.

According to the Tonga Police Act 2010 it is the King in Privy Council who has the power to appoint or to terminate the contract of a Police Commissioner, on the advice of the Judicial Appointments and Discipline Panel. The Act also spells out that the appointment of a Police Commissioner cannot be terminated except for: physical or mental incapacity, neglect of duty or misconduct.

Police development

First as Police Commander in 2008 and this year appointed Commissioner, Chris Kelley, a New Zealander, implemented the Tonga Police Strategic Plan 2009-13 and under it set out to build a healthy Police organization.

The plan invested in staff and equipment and overhauled the Police infrastructure, and rapidly improved the service, while slowly regaining public trust. But it was not all smooth going and in the process of setting new standards of policing, he was challenged for letting go of established staff, including some senior officers.

Entrenched

But those in government who wanted the Commissioner to leave, appeared to be entrenched in the idea that the Commissioner was the choice of the former government, and they wanted a new person.

Commissioner Kelley was initially contracted by the Tongan Government to be Police Commander for three years with a right for extension, starting from his appointment on 22 September 2008 under a Tripartite Partnership Agreement that had been signed in July the same year.

The Police Commander position had been vacant since early 2007, after the resignation of the previous commander following the riots and burning of the Nuku'alofa Central Business District on 16 November 2006.

The government had difficulties in attracting applicants to fill the post. After months of advertising with no success, the former Prime Minister Hon. Dr Fred Sevele, approached the New Zealand Government for assistance in finding a new Police Commander.

The resulting five-years Tripartite Partnership Agreement was signed by the Australian, New Zealand and Tongan governments, with an allocation of $4 million pa'anga to finance the program.

On February 21 this year he was promoted to a newly created post of Police Commissioner.

In accepting the appointment Commissioner Kelley said that the Police Act 2010 was required to better equip Tonga Police to confidently meet the challenges of policing in modern Tonga.

"It came out of public concerns, government unease and police dissatisfaction with the old act, which lacked clarity in administration and operation, and it adversely impacted on the effectiveness of Tonga Police," he said at the time. "The new act ensures police transparency and accountability to the people, by establishing guiding principles for how policing should be carried out.

"Most importantly, it provides rights, strengthens safeguards in the exercise of police powers, not only for suspected offenders but also for victims and witnesses and members of the public who have care and protection needs," he said.

The passing of the Tonga Police Act 2010, the restructuring of the police and the appointment of the new police commissioner were steps toward completing the Tonga Police Development Program.