Lord Sevele

Tonga's former Prime Minister Lord Sevele, a witness at the Nuku’alofa Supreme Court this afternoon, denied suggestions that his government had tried to “freeze-out” the former Attorney General John Cauchi.

Giving evidence as the second of three witnesses called by the defendant, the Government of Tonga, on the fourth-day of a civil jury trial, Lord Sevele who was Prime Minister from 2008 and for most part of 2010, was questioned by the current Attorney General Neil Adsett.

Lord Sevele said that it was not true to say that government had removed Cauchi’s responsibilities as Attorney General and given to it other people.

Lord Sevele also said there was a misunderstanding in regards to the role of Tonga’s Law Lords. The government sought advice from the Solicitor General, the Attorney General or the Crown Law office and other lawyers when it saw fit. The Law Lords were appointed by the king under his constitutional power and prerogative to discharge of his functions.

“The Law Lords are not to advise the executive, of which I was the head,” said Lord Sevele.

AG Adsett asked the former Prime Ministser what he had to say in regards to a complaint that the former Attorney General was not consulted regarding who should be appointed as a judge in Tonga.

Lord Sevele said the constitution stated that the decision to appoint or re-appointment a judge was a prerogative of the king under the constitution.

Ashika

After the Ashika ferry sank with the loss of many lives a committee was set up to deal with claims or compensation. AG Adsett  asked Lord Sevele if there was any reason why Cauchi was not a member or acting in that committee.

Lord Sevele said he could not remember but there was the then Minister of Justice in Cabinet Hon. Samiu Vaipulu. Because of the urgency of having to deal with the relatives of the victims as they attended to funerals it was an emotional and sad time and government felt that the Minister of Justice with the Crown Law and the Solicitor General were in the committee to deal with it and bring closure to the families grievances, and that was the most important thing at the time.

He agreed that the committee was more concerned to use Tongan customs and language.

Lord Sevele said he thought it was very successful as the committee members including the Minister of Justice, Crown Law, Prime Minister's office were able to meet with relatives of victims and discuss with lawyers who acted on behalf of the victims and relatives and agreed on settlement and assist them. “My recollection is that it was successful as both sides were able to settle and bring the whole thing to a closure, quicker than we anticipated,” he said.

No-suppression

Lord Sevele said he did recall having a Royal Commission of Inquiry in regards to the sinking of the Ashika and denied suggestions that government had made any attempt to suppress the Royal Commission or have it abandoned, as he as Prime Minister and government fully supported the commission.

He refuted a suggestion that the Royal Commission may have been stopped and not allowed to finish its work.

Lord Sevele also recalled that as a response to the Ashika there was a proposal for overseas prosecutors to be hired to do the legal work on possible legal action.

He said a decision by cabinet to defer a decision to appoint the prosecutors was to ensure that they had funds. He agreed that the government at the time was under pressure to seek extra money for victims and others matters relating to the Ashika sinking.

Ignore

Lord Sevele told the court he was always available to meet the Attorney General if he wanted to see him.

He remembered that there may have been one request to see him which he may have asked to be deferred. “I was always available to see anyone in my office with reasons of course and with the former AG, I was always available,” he said.

Lord Sevele said he did not receive any warning from Cauchi of his intention to resign.

The Lord Chief Justice asked the witness, did Cauchi come to see him and say that it was not working, that he could not do the job and that something was wrong and he wanted to do something about it. Lord Sevele said, no.

Lord Sevele said he never made any informal request to the then Australian High Commissioner to recall Cauchi back to Australia but recalled having a discussion considering Cauchi at some stage where the issue arose but he didn’t ask for him to be recalled.

He said he had many meetings with the High Commissioner and discussed a lot of things that was going on in regards to their aid program, Australia and New Zealand's political issues, and Tonga’s political reform.

Lord Sevele said it was important to have these regular meetings because when he came in the relationship between Tonga and Australia there was a lot of misunderstanding and it was important that both sides discussed where they stood and to clarify the issues.

Australian aid

He said when he first went into the Prime Minister's Office it had a file there that the aid from Australia would not be increased until Tonga undertook its political reform.

He said they sorted it out. “But to me there were a lot of misunderstandings and in one of those meetings the issue about the former Attorney General arose and the reason why it was raised was that I had previous meeting with the former Attorney General, as I asked the then Chief Secretary to call him in over what happened in London at the Commonwealth Secretariat in a meeting that Tonga's High Commissioner in London attended.

“I received an email report from the High Commission saying at the meeting Cauchi had informed the secretariat that the Government of Tonga was not going to renew a judge’s contract. I just didn’t understand why he passed on that information when, in fact, government and the Privy Council had not made any decision in regards to the matter,” said Lord Sevele .

Lord Sevele said he never ignored any communication or letters from Cauchi.

Regarding his housing and expenses, Lord Sevele said he could not recall but there were issues that the Chief Secretary or Public Service Commission or the Prime Minister's office had to deal with.

When Cauchi gave his letter of resignation Lord Sevele said it was a busy time, with the Constitution and Electoral reforms, the reconstruction of Nuku‘alofa as it was behind schedule, the Ashika tragedy and the tsunami, and there was a lot of things going on and a lot of people were part of that process according to the law including the Office of the Crown Law.

He was expecting to rely on the Attorney General to assist government at that busy time when Cauchi was welcome to stay in Tonga and continue to work as Attorney General.

Lord Sevele he never did anything to prevent Cauchi seeing the king. It was the Lord Chamberlain's role. “I did not. But I did tell His Majesty that he wanted to see him and I left it that that … it is not my style and not my authority,” said Lord Sevele.

The former PM will continue to give evidence on Monday, November 25, with cross-examination by Laki Niu the counsel for the plaintiff.

Cauchi has filed Causes of Action against the government claiming over AUD$500,000 in special damages and relief for Breach of Contract, Repudiation of Contract and Constructive Dismissal.