Editor,

REFERRING to the press release by the President of the Tonga Law Society, Mr. Laki Niu, in the Matangi Tonga web site, I hold a different opinion than that expressed by Mr. Niu.

I am of view that the Judicial Services Commission was a "Big Farce". Firstly how can it be permitted that lawyers, who will in litigation and legal process stand before the Chief Justice and other judges in the Supreme Court, be allowed to determine and be part of the process or recommendations to appointment of the Chief Justice and judges of the Supreme Court. Secondly, why is the Chief Justice involved with the Judicial Services Commission, a body, that will give recommendations for his ongoing and continuity of service or otherwise.

The repealing of the Judicial Services Commission ACT 2006, was called for, thank God, the Act itself, was an invitation for corruption and buddy buddy at the highest level of the judiciary.

The instatement of an independent body or person (Lord Chancellor) importantly outside from the judiciary circle, with competent administrative and legal qualification, is not a practicing counsel, in addition to other judiciary functions, will determine and give recommendations to His Majesty in Council, to appointing supreme court judges, is by far more independent and more professional, than the practicing lawyers provided for in the Judicial Services Commission Act. Ideally, the Privy Council, as an option could co-opt, from overseas, NZ, Australia or England, periodically as required, a Lord Chancellor, to superintend the appointment of Supreme Court judges and Chief Justice.

For Mr. Niu to allude that Government or Cabinet would use extortion with the Lord Chancellor to influence presiding judges in the adjudication process of the judiciary is absolute nonsense and ridiculous to say the least.

How can Mr. Niu, the President of the Tonga Law Society, turn a blind eye to the fact that the chairman of the Judicial Service Commission, in breach of the Constitution, renewed a contract before an authorization and endorsement by His Majesty in Privy Council was obtained. Furthermore, the contract was signed two months before the Judicial Service Commission put forward its recommendation to His Majesty in Privy Council. Sadly, both Mr Niu and Chief Justice Ford sit in the four-members, Judicial Services Commission.

Additionally, Chief Justice Ford, again, not once but more than once, took liberty to appoint the Acting Chief Justice, in breach of the Constitution, which stipulates, that, the Prime Minister with the consent of Cabinet shall appoint the Acting Chief Justice.

My last opinion on this matter, Mr. Niu owes an apology for the erroneous, wrongful, biased and distorted allegations and accusations he has publicly made with regards to the judiciary not being independent and appointment of Supreme Court judges, to His Majesty, Prime Minister and Cabinet and the People of Tonga.

Malo

Moto ki Lau Hola

motokilauhola [at] yahoo [dot] com ( motokilauhola [at] yahoo [dot] com)