In the morning of Friday 9th of July, Chief Justice Whitten denied the application for bail by Cabinet Minister Akosita Lavulavu and her husband ‘Etuate, a former Minister.
The criminally convicted couple were led from the Supreme Court in Nuku’alofa, to pick up their prison belongings at the Nuku’alofa jail, and by afternoon were driven to Hu’atolitoli Prison where they will spend the next five years for Akosita, and six years for ‘Etuate.
Both were sentenced on July 2nd to six years imprisonment with Akosita getting the last 12 months suspended.
On June 4th the Lavulavu’s were convicted of three counts of fraud, committed at three different time frames, falsifying records to obtain three different amounts of grant money for supplementing teachers’ salaries at non-Government schools.
The couple who administered Unuaki ‘o Tonga Royal Institute (UTRI) defrauded the Government of over $500,000. They were charged for fraud and Justice Cooper found them guilty on all counts.
It was Akosita’s first offence at the Courts. This was Lavulavu’s third conviction, the first being in the USA for fraud in 2004, and in Tonga for bribery during the 2014 general election campaign.
Etuate will serve the full term of his sentence of six years, and Akosita five years, unless they are successful in their appeal against the ruling and sentencing by Justice Nicholas Cooper, a feat that is unlikely to happen.
Lawyers for the Lavulavus officially announced they will appeal the court’s decisions on the guilty verdict as well as the sentencing. However, even before this, the Prime Minister Rev. Dr. Pohiva Tu’i’onetoa, announced immediately after the guity verdict, there will be an appeal. He has been quite vocal in his support of the Lavulavus.
He also said that as Prime Minister he will not do anything in terms of asking Akosita to step aside from her Ministerial post until after the appeal. Despite calls for him to dismiss the Minister, Prime Minister Tu’i’onetoa stood firm on his support of the Lavulavu’s.
He has quoted clause 23 of the Constitution as an argument that supported his stance, in refusing to dismiss the convicted minister from his Cabinet.
But in doing so with Clause 23 as a protection for those sentenced, and how the appeal process must be allowed to be completed, the Prime Minister has ignored Clause 51 of the Constitution.
In Clause 51(3)(a) it is stated “A Minister shall retain his position as Minister until (a) his appointment is revoked by the King on the recommendation of the Prime Minister.”
As of July 11th there has not been any recommendation by Prime Minister Tu’i’onetoa for Akosita to be dismissed. She has been found guilty of fraud, and sentenced to six years of imprisonment with one year suspended.
Akosita is now in jail serving five years imprisonment despite the appeal against the sentencing. The Appeals Court is held in September, 2021 and March, 2022. Her appeals hearing may not be heard until March 22, due to a full scheduling for the September Appeals Court.
What else does the Prime Minister need in order to strip his Minister of her Ministerial post? As it is now, she is a Minister from jail, and still being paid, as she was during her trial.
He has been criticized severely for ignoring the Court’s decision in support of his close friends. Akosita is Minister of two major ministries – Infrastructure and Tourism. ‘Etuate on the other hand is his chief advisor, nicknamed the ‘engineer’, and Deputy Chair of the PAK party, chaired by the Prime Minister.
Since the sentencing of the Lavulavus, the Prime Minister however has been fairly quiet in commenting about their case.
Still more questions than answers
As the Lavulavus begin serving their terms of imprisonment, the nation has taken a huge sigh of relief in the failure of their application for bail. The public perception is not partisan in the sense they support one or the other of the two main political groups – PTOA or PAK.
The current Government is a PAK Government with the Prime Minister as Chairman of PAK, and ‘Etuate as his Deputy. The public satisfaction with the Lavulavus sentencing is not because of PAK or any other political association. He has been convicted as a criminal, and so has his Minister wife, Akosita.
The Tongan public or the vast majority are still very much “justice oriented”. They still believe in right and wrong, and they want those that have committed crimes to take responsibility for their actions.
Justice has been violated. A fraudulent act involving over $500,000 has taken place. The Lavulavus charged and found guilty then sentenced, was no surprise to many people as ‘Etuate, has had a checkered record in terms of previous criminal activity.
But there are those in the community, few as they are that “feel sorry” for the Lavulavus, and express the need for compassion and pardon. This includes the Prime Minister and his Cabinet, as well as Lavulavu’s lawyer, Clive Edwards Sr, the outspoken leader of the anticorruption group (KFFF) he co-leads with former MP Teisina Fuko.
What a surprise that a major leader from the vocal anticorruption group is the appeals lawyer for the biggest corruption case in Tonga’s recent history.
One misguided man put out an appeal to the King to pardon the Lavulavus “for the good they have done for Tonga.” It is very difficult to try and find what good this criminal couple has done for Tonga.
The few who are calling for mercy have also a distorted view of Biblical mercy, for mercy is not only a consequential benefit experienced in remorse and repentance, but it is extended in satisfied justice and experienced in repentance.
Lavulavus still deny their offenses. They did nothing wrong, they claim, despite the glaring evidences presented at trial that they falsified records to obtain money. In his sentence ruling, the Judge says he: “shows no remorse, blames the court for being biased, albeit does not accept his guilt offers to pay all the money back in exchange for a community penalty and being spared prison.”
But while the Lavulavus are serving their sentences, and awaiting an appeal which will take place in March of 2022, the useless debate goes on with their supporters unable to distinguish between truth and lies, right and wrong, mercy and justice.
