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Radaus
Tue, 4 May 2010
CANBERRA, Australia ---- The Australian government says claims of political interference in the judiciary in Tonga are important and require careful consideration.
Tonga's attorney-general, John Cauchi, resigned last week over the issue.
He said the Tongan government's approach to judicial appointments was looking like that of Fiji, where the constitution was scrapped by the Bainimarama regime and judges sacked.
Australia's parliamentary secretary for international development assistance, Bob McMullan, said Australia's high commissioner to Tonga is having discussions and will report to Canberra.
Mr Cauchi, an Australian citizen, was appointed to the attorney-general position.
Mr McMullan said there is a limit to how far Australia can be involved in Tonga's internal matters.
He said: “It’s a difficult balance to strike but we are genuinely concerned, not just about elections, but about all the elements of a democratic transition, including independent judiciary. And we will continue to be advocates for that everywhere."
New Zealand's Foreign Minister, Murray McCully said the matter is one for the Tongan government to work out, and he sees progress in elections last November for a more democratic parliament in Tonga.
But he said there was no guarantee his country's funding for Tonga’s legal system will continue if the system is not functional and fair.
New Zealand reportedly spends about $8 million a year through its overseas aid program, supporting good governance and the judiciary in Tonga.
The president of the Tongan Law Society, Laki Niu, said of the treatment of Mr Cauchi: “Let him do his job, prosecute offenders, especially in the wake of the Ashika (ferry) inquiry. There have been some people who have been prosecuted, but I am sure that there are others that should be prosecuted and they have not been prosecuted.
“I believe it may have to do with why they do not take his advice or allow him to carry out his job.”
The commission of inquiry into the sinking of the ferry Princess Ashika, taking 74 lives, has been criticised by the Tongan government as being politically motivated. As attorney-general, John Cauchi helped organise the inquiry.
Mr Niu also raised questions over a decision not to renew the contract of the kingdom's Chief Justice, Tony Ford.
“That decision was taken without going through a process,” Mr Niu said. “This Chief Justice is one of the best we've had. He's brought the system, the justice system in Tonga up to a very high standard and has received worldwide acclaim.
“So we just cannot understand why government has not renewed his contract.”
Melino Maka, chair of the New Zealand Tongan Advisory Council, says he would prefer less overt pressure from aid donors on the Tonga government.
“It is really quite damaging. The Tongan Government has actually done a lot of good things and what the issue that Cauchi raises is a very important issue and it needs to be addressed in a way that it does not damage the good things the Tongan Government has done.”
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