Court hears claims by Tonga’s first independent Attorney General [1]
Tuesday, November 19, 2013 - 21:15. Updated on Tuesday, November 19, 2013 - 21:31.
John Cauchi
A three-day civil jury trial to hear claims brought by John Cauchi, Tonga’s former Attorney General, against the Government of Tonga began at the Nuku’alofa Supreme Court on November 19.
The plaintiff Cauchi, an Australian national, who was present in court, has filed Causes of Action against the Government of Tonga claiming over AUD$500,000 in special damages and relief for Breach of Contract, Repudiation of Contract and Constructive Dismissal.
He became Tonga's first independent Attorney General after signing a Contract of Employment with the Government of Tonga in May 2009 under the then leadership of Prime Minister Feleti Sevele. He was appointed to the position for a three-years term, however he announced his resignation as Attorney General on 30 April 2010.
A seven-member jury was selected this morning and presided over by the Lord Chief Justice Scott to hear the civil case, in which Cauchi is claiming wrongful treatment and seeking to be paid damages or money he was entitled to.
Local senior counsel Laki Niu and Petunia Tupou represented the plaintiff, while the Attorney General Neil Adsett and Sione Sisifa acted for the Government of Tonga.
Breach of Contract
Laki told the court in opening his case this afternoon that the Contract of Employment for the Attorney General was signed by Cauchi and Prime Minister Sevele on or about 28 May, 2009 which consisted of conditions for both parties to follow.
Cauchi was to receive a salary of AUD$250,000 per annum, the Government of Tonga to provide him with free accommodation or government quarters and that he was to receive the same entitlement and benefits of a Cabinet Minister and if he wanted to resign he must do so in a written notice three-months prior to terminating his contract.
He said for Government, they could only terminate the contract for two reasons; if he was mentally or physically unable to perform his duties or if he was convicted with an offence under the Anti-Corruption Commission Act.
The Attorney General's responsibilites were also listed, including providing legal advice to Cabinet and government ministries, to carry out criminal prosecution on behalf of the Crown and to perform as a law officer role to the Judiciary. The most important condition was that he was to perform his responsibilities in an independent and transparent manner, he said.
Laki told the court that a substantial portion of Cauchi's salary was paid for by the Australian Government and only $50,000 was paid by the Government of Tonga.
There were attempts to find him government quarters to live in but were in vain. There was then an agreement between the Government and Cauchi that he find his own accommodation and Government would pay 80 percent of the rent fee while Cauchi would pay the remaining 20 percent.
Cauchi found accomodation at $3,000 rent per month and due to the high price he suggested to increase his payment so that he and Government each would pay 50 percent of the rent which was accepted. Cauchi asked the Solicitior General to write up a contract to vary from the first one to reflect the new condition of the rent and he signed it but PM Sevele did not sign it, and up until now and nothing had been paid to him.
In his capacity as a judicial officer he travelled overseas and paid for his own expenses and accommodation including trips to Melbourne and Apia in 2009. He returned to Tonga and made numerous attempts to get reimbursement from government but they never paid him.
Laki claimed that on or about late November 2009 the Government, the Prime Minister and Cabinet Ministers removed his responsibilities and gave it to somebody else. Cauchi said he was very surprised that the responsibilities were taken from him since his performance and work was running well and there were no complaints.
He then referred to the sinking of Ashika vessel in which over 70 people lost their lives. A Royal Commission was set up to inquire into the sinking and Cauchi was responsible to ensure witnesses were called before the commission and that all documents were produced from government to the commisssion. The report of the commission was critical of the Government and the Shipping Corporation company and its directors.
Interference
Laki claimed that Cauchi informed Government after the conclusion of the Commission to get independent prosecutors from outside of Tonga to assist in the trial of persons culpable in the Ashika case but the PM was not satisfied with his suggestion and the prosecutors were not brought in. He claims the Government interfered with his independent decision, among other matters.
Cauchi also claims that PM Sevele had informally and verbally asked the Government of Australia to recall him back to Australia. He would give evidence about Government taking away some of his responsibilities, he was sidelined, said the counsel.
He was not contacted by Government and was ignored. They left him there like there was no Attorney General and Cauchi decided that what was the use of being the Attorney General earnng AUD$250,000 for doing nothing, so he resigned and it was the reasonable thing to do by someone with a clear conscience, he said.
The government breached the contract. It was Govenrment who did things that caused him to terminate his contract not Cauchi, claimed Laki.
Cauchi will give evidence tomorrow as the only witness for the plaintiff before the defence open their case and call their witnesses.
The trial is expected to end on Thursday, 21 November.