A petition is being organised in Tonga urging King Tupou VI to revoke the appointment of Malcolm Lesley Bishop, KC of Wales, as the new Chief Justice, according to news sources. The outcry follows revelations about Bishop’s LGBTQ lifestyle, which some claim violates Tonga’s law prohibiting sodomy. Bishop, 79, is set to begin his role on September 1.
The controversy stems from the disclosure that Bishop lived openly as a gay man with his late partner, Anthony Vander Woerd, for 51 years. Woerd, a businessman, was tragically shot and killed in front of Bishop during a robbery in the Caribbean in 2019. The incident, widely reported, highlighted their long-term relationship.
Legal Futures, an online legal news outlet, reported Bishop’s openness about his sexual orientation and his recognition as an LGBTQ hero by Barrister and TV personality Rob Rinder. Rinder praised Bishop for being an “out gay barrister” and a role model in the legal community.
Despite same-sex marriages being legal in England and Wales since 2014, Tonga’s laws differ significantly. Under Tonga’s Criminal Act, sodomy is illegal, punishable by up to ten years in prison. This law has sparked significant concern among religious and legal stakeholders in Tonga, who are now planning petitions and marches urging the king to rescind Bishop’s appointment.
Prominent Tongan lawyer Clive Edwards voiced his concern, arguing that Bishop’s lifestyle conflicts with Tongan law and could compromise his impartiality in cases involving sodomy. Edwards said that as a public figure and the head of Tonga’s judiciary, Bishop’s actions are subject to public scrutiny.
“He is the head of the third branch of government in Tonga,” Mr Edwards told an interview with FM87.5 Broadcom. “He is breaching the law of Tonga”.
Tonga’s Criminal Act section136 about Sodomy and bestiality says:
“Whoever shall be convicted of the crime of sodomy with another person or bestiality with any animal shall be liable at the discretion of the Court to be imprisoned for any period not exceeding ten years and such animal shall be killed by a public officer. (Substituted by Act 9 of 1987)”.
However, Auckland-based Tongan lawyer Nalesoni Tupou suggested that Bishop’s appointment might signal a transformative period for Tonga, challenging traditional norms and potentially reshaping the country’s legal landscape.
