The Minister of Justice, Hon Clive Edwards told the Nuku'alofa Supreme Court on Friday, November 9, that three businesses, associated with the Prime Minister, the monarchy and their business partners were targeted in violence in central Nuku'alofa on 16 November 2006.

He was appearing as a witness in an insurance case brought by businesses seeking to recover insurance claims for destruction of their property in the Nuku'alofa riots of 16/11. Clive was questioned by counsel for the defendant, NPI Insurance, Michael Ring, over a statement he had made that the initial primary target of the rioters "speaks for themselves" that it was government vehicles and property and businesses owned by the royal family and their business partners.

Clive told the court, "When I say the significant way they went about it…and other buildings not been touched, it was clear the first target was Molisi Tonga and that was associated with the …response that was being led up against the Prime Minister at the time, and from there it was associated with the Pacific Royale and Shoreline, I would think, and other buildings incidental that followed were not part of that. The three places that were target or appear to be target," said Clive.

He believed that the damage and the destruction of other businesses, such as E.M. Jones Ltd. stores, the FWC Tungi Arcade, and Narottam Co. Ltd. stores were therefore incidental.

He said that the destruction of Molisi Tonga (a supermarket that is owned by the former Prime Minster, Dr Feleti Sevele and his family), was because Molisi Tonga had supported a group of pro-monarchy supporters who had gathered at Pangai Lahi on that day, facing Pangai Si'i where pro-democracy supporters were gathering in an increasing number on that day.

Call for support

The gathering of pro democracy supporters was in response to a call by People Representatives for popular support for a motion that the PRs had presented to the House. The motion proposed to increase the number of people's representative in parliament from nine to 21 and but for the nobles to have only nine. [The calling for support was needed because there was comment by ministers in the House that there was no public support for the motion.]

Clive estimated that the number of pro democracy supporters who were at Pangai Si'i on 16 November 2006 were ten times more than the pro monarchy supporters who were at Pangai Lahi.

The counsel for the defendant, Michael Ring, asked Clive if he could give the court his recollection of what happened on that day.

Clive said he did not know much because at the time he was operating out of his office, outside of town at Mataki'eua.

Michael then referred to an exhibit press statement that Clive wrote a few days after the 16/11 riot, in which he referred to an OBN Television March in the morning of 16/11, and the reason for the march was to protest against the government's intention to close down the OBN Television, a perceived infringement of the Constitution and Freedom of Speech.

Clive responded that the intention to close down OBN, all of a sudden, did not help the tense situation at the time, and it was an infringement of Freedom of Speech.

Michael however wanted Clive to give his recollection of what happen at Pangai Si'I  that afternoon between 2pm and 3pm when he became aware of the fact that parliament was not going to meet that day.

Clive said that he became aware that there was a meeting between members of parliament and the Prime Minister in the Cabinet Room at the Prime Minister's Office compound.

Speech at Pangai Si'i

He went there, and on the way he passed through Pangai Si'i where he made a speech.

Clive said that when he entered the Cabinet Room, present at the time were the Prime Minister Dr Sevele, Noble Luani, Noble Tu'iha'ateiho, the Minister of Justice, the Minister of Police, and some People's Representatives, who were 'Akilisi Pohiva, 'Uliti Uata, the PR from 'Eua and Vava'u, and Lepolo Taunisila.

He said that not long afterward he arrived, the Prime Minister went out to make a telephone call, and 'Isileli Pulu had just came into the room and told them that Molisi Tonga had been trashed. When the PM returned, Clive said he looked very pale. What followed, were arguments, 'Uliti and 'Akilisi were saying that they warned of what could happen, and that parliament should have convened that morning.

Demands

Clive said that the PM wanted to know what the PRs wanted him to do in order to disperse the people and to stop the looting. He said that during the commotion, they agreed for the PM to write a letter, agreeing to their demands for a new parliamentary composition, with 21 People's Representatives and nine Nobles' Representatives.

Clive said he and Lepolo Taunisila left the room while the argument was going on between the PM and the PRs.

Justice Cato asked when Clive left the Cabinet Room, "How long after the Prime Minister came back and he had been on the telephone, how long was it Mr Edwards do you think you remained in the room before you left?"

"15-25 minutes," said Clive.

Letter

"A letter signed by the PM was what the PRs were seeking in order to restore calm. Is that correct?" asked Michael Ring.

"A letter signed by the PM, does not mean anything," said Clive.

"If it was you who was negotiating, what would you have asked for? If the PM asked you, what would you like me to do to stop the violence, what would you say?" asked the counsel.

Justice Charles Cato reminded the counsel for the defence that Clive's position was that he wanted the proposed amendment to the constitution to be debated in the House.

Clive further clarified his position was that he was demanding for the Prime Minister to agree with their motion, but it was for the motion and the proposed amendment to the constitution to be debated by the House.

Radio broadcast

Michael Ring put it the court that in a Radio broadcast later that day and Clive had said in evidence "that you are a public figure and well known in community and you considered it your duty to stop the violence so you agreed to go to the radio station to make a broadcast. Did you consider going down to places where damage was actually happing and using your influence there to to try to stop it?"

Clive replied, "No. …But I would not believe that after all, the crowd would say to stop, nobody [could]. Look, not the deputy police commander, nor the high ranking officers, the uniforms… the police were just standing there, they were not stopping it. Why should I go out and say to stop and put myself so some idiot throw a stone at me?"

In answering Michael's questions, Clive went on to clarify his statement that three businesses were targets but denied that they were political targets.

"No, I am not saying political, I am saying it was that these people who seem to have done this had targeted those place and they were organised, and I want know why. Those places were - Molisi Tonga, Pacific Royal, and Shoreline," Clive said.

The hearing was closed for the week and was expected to resume again, with Clive Edwards to continue as a witness on Monday November 12.