Kiliki heni: ke lau 'a e ongoongo ni 'i he lea faka-Tonga
Tonga’s PSA and Tonga's Democratic Party have hired New Zealand barrister Dr Rodney Harrison to act on their behalf in renewed legal action filed to reclaim US$25 million (TP$46 million/ NZ$28 million) paid to Princess Pilolevu’s satellite company in 2011.
The money was taken from a US$49 (TP$90 million/NZ$55.5 million,) Chinese grant to Tonga
The plaintiffs have sought a Supreme Court decision that the payment was unlawful and an order that Tongasat repay the money to the Tongan Government, according to PSA secretary Mele ‘Amanaki.
The Kingdom of Tonga is named as the First Defendant, the Attorney General as the Second Defendant and Tongasat as the Third Defendant in the action.
The first payment to Tongasat of US$12 million (TP$22 million/NZ$14 million) made by the Government of Dr Feleti Sevele in 2008.
‘Amanaki said that payment could not be covered in this legal action because it was outside a five year limit.
Legal actions
The civil lawsuit came after previous litigation filed by Pohiva over the Chinese grant money at the magistrate’s court was quashed on the grounds that he could not provide sufficient evidence to back up his claim.
Pohiva sued Tongasat Company’s owner, Princess Pilolevu, Tonga’s Prime Minister Lord Tu’ivakano and the Minister of Justice Hon. Clive Edwards for larceny and receiving stolen property.
Pohiva appealed the magistrate’s decision, but the Nuku’alofa Supreme Court upheld the ruling, stating that the notice and grounds of the appeal were "not altogether easy to understand. It seems likely that they were not drafted by a qualified lawyer."
"In other words, there was no case to answer on any of the charges laid. The Magistrate arrived at the correct conclusion and therefore the appeal is dismissed."
Chinese grant
A government statement says His Majesty’s Cabinet agreed to accept US$49 million from China for economic and technical developments on 6 August 2008. It was also agreed the money would be paid to the Tongan government in two equal tranches.
The first payment was made on September 5, 2008. The second payment was received on April 19, 2011.
On November 16, 2010, Dr Sevele’s Government agreed that the second payment of US$25 million (TP$46 million/NZ$28 million) be paid to Tongasat, with US$6 million (TP$11 million/NZ$7 million) deducted as tax.
The government of Lord Tu’ivakano said the former Minister of Finance, Hon. Sunia Fili, now a member of the opposition, was responsible for the payment made to Tongasat and if there was any doubt in his mind as to the legality of the arrangements made by the Sevele administration he should have sought legal advice from Crown Law before making the payment.
Fili said he queried the Prime Minister over the payment and that in his response Tu’ivakano jokingly told him to pay it otherwise the princess would “bake them in the ‘umu (oven),” a Tongan saying that recalls how royals reacted in the olden days if commoners refused to comply with their demands.
The main points
- Tonga’s PSA and Tonga's Democratic Party have hired New Zealand barrister Dr Rodney Harrison to act on its behalf in a legal action filed to reclaim US$25 million (TP$46 million/ NZ$28 million,) paid to Princess Pilolevu’s satellite company in 2011.
- The plaintiffs have sought a Supreme Court decision that the payment was unlawful and an order that Tongasat repay the money to the Tongan Government.
- The Kingdom of Tonga is named as the First Defendant, the Attorney General as the Second Defendant and Tongasat as the Third Defendant in the action.
- The civil lawsuit came after previous litigation filed by Pohiva at the magistrate’s court was quashed because he could not provide sufficient evidence to back up his claim.
- In that action Pohiva sued Tongasat Company’s owner, Princess Pilolevu, Tonga’s Prime Minister Lord Tu’ivakano and the Minister of Justice Hon. Clive Edwards for larceny and receiving stolen property.
More information
‘Pohiva appeals Tongasat payment case in the Supreme Court,’ (Islands Business)
‘Tonga Chief Justice Dismisses ‘Akilisi Pohiva’s Appeal’ (Pacific Islands Report)
‘Tonga's royal satellite company settles debt’ (Fairfax Media)
