The Supreme Court has ruled that ‘Etuate and Akosita Lavulavu must jointly stand trial on three counts of obtaining money by false pretenses and three counts of knowingly dealing with forged documents.
The charges arise from an investigation of the finances of the ‘Unuaki ‘O Tonga Royal Institute, a private education provider.
Akosita Lavulavu was the director and ‘Etuate was the president.
An investigation in 2016 concluded that the Institute had been overpaid by hundreds of thousands of pa’anga.
‘Etuate Lavulavu, who did not have legal representation, argued that he and his wife should have separate trials.
The Attorney General argued that the prosecution case was based on a joint enterprise by Mr and Mrs Lavulavu who allegedly gave instructions or information to their staff to engage in activities which allowed them to gain government subsidies.
They had applied money allegedly derived from the false accounting to their private bank accounts either individually or together.
Two material witnesses who Akosita Lavulavu admitted were accomplices had been given indemnities to give evidence of the allegedly dishonest instructions they received.
This resulted in a significant amount of money being received by the institute and then being transferred to the Lavulavu’s bank accounts.
The Attorney General argued that there was an established judicial principle that it was destrable that the same verdict and same treatment should be brought against those concerned in the same offence.
Mr Justice Cato, presiding, said he was satisfied that much of the evidence, particularly from the Auditor General’s office and the indemnified accomplices, would apply to both the Lavulavus.
The judge rejected ‘Etuate Lavulavu’s application for a seperate trial.
He also recommended that Mr Lavulavyu should consider being represented by legal counsel.
“Long trials of this kind can become complex and protracted and difficult for a lay person to conduct properly.”
The main points
- The Supreme Court has ruled that ‘Etuate and Akosita Lavulavu must jointly stand trial on three counts of obtaining money by false pretences and three counts of knowingly dealing with forged documents.
- The charges arise from an investigation of the finances of the ‘Unuaki ‘O Tonga Royal Institute, a private education provider.
