The Supreme Court of Tonga has ruled that a report compiled by the Auditor General’s department regarding the Lavulavu’s college cannot be used as evidence in their retrial. Judge ‘E.M. Langi, who presided over the case, declared the Auditor General’s Report dated October 5, 2016, inadmissible due to its reliance on hearsay.
The report was initially intended to be part of the evidence in the retrial of Etuate and Akosita Lavulavu, who are accused of obtaining money by false pretenses for their college, Unuaki o Tonga Royal Institute (UTRI). On October 10, 2022, the Court of Appeal had quashed their previous convictions and ordered a retrial. The retrial was scheduled to commence on May 8, 2023, under the direction of then Lord Chief Justice Whitten, but was delayed for various reasons.
The Crown’s plan to use the Auditor General’s Report faced objections from the defendants, leading to a voir dire—a judicial inquiry to determine the admissibility of evidence. On August 16, 2023, Mr. Lavulavu submitted supplementary objections, claiming the report was produced through improper and unfair procedures.
Judge Langi’s review focused on whether the report constituted hearsay and unlawfully obtained evidence. He concluded that the Auditor General’s Report, based on interviews and data collected by audit officers, was fundamentally unreliable. The Judge noted that the report’s assessments were based on second-hand information, which undermined its credibility as evidence.
The report had highlighted discrepancies in UTRI’s use of TVET grants, questioning whether the funds were appropriately allocated. It suggested that the college should repay $553,800 due to inconsistencies in the reported student attendance and fee payments.
However, Judge Langi emphasised that the evidence from the interviews and subsequent reporting was tainted by hearsay, thus invalidating its use in court.
