Press Release:
Tonga – Office of the Attorney General.

John Cauchi statement – Nuku’alofa, Tonga: IT is with regret that I have today tendered my resignation from the Office of Attorney General.

It has been my great privilege to return to Tonga to serve as the first independent Attorney-General.

I have had difficulty having that independent role accepted to the point where the Government has removed most if not all of my responsibilities.

These have been allocated to either the Cabinet or the Minister of Justice. This is not the independence the Government said it wanted to achieve when it created the new Attorney General’s position. The Minister of Justice is not the Attorney- General.

The Royal Commission into the sinking of the MV Princess Ashika has become a benchmark for transparency and openness never seen before in Tonga. The Commission should have been welcomed as assisting the Government to review its procedures especially with regard to major purchases and due diligence. The Commission exposed a level of maladministration and systemic failure which must be actively addressed by the Government and the Legislative Assembly. Instead there has been criticism of the commission and no active response on the part of the Government.

The prosecutions, arising from the sinking of the vessel and the Royal Commission hearings, must be allowed to take their course without interference. Those who have suffered most through the loss of their loved ones are entitled to expect nothing less.

The Government attempted to have the Commission’s terms of reference modified before the final report was released. This is not widely known and will be denied.

The two events which have been the triggers in my decision are:

- The first direct appointment of a judge by the executive government without the recommendation of the Attorney General or the Judicial Services Commission. This does not comply with acceptable Constitutional practice and compromises the integrity of the Judiciary in Tonga;

- The decision by the Cabinet “not to support” the appointment of independent prosecutors to prosecute matters regarding the sinking of the MV Ashika, on the spurious grounds of the lack of funding.

On 22nd April 2010 the Crown Law Department had its overall funding for 2010, including the amount sought for the Special Prosecutors, confirmed by the Ministry of Finance. The amount sought was approved by the Expenditure Review Committee and met all budgetary requirements. The Government has known since November 2009 of the intention to appoint special prosecutors.

I now have to add a third reason for my resignation.

Yesterday I was informed that the Government has taken steps to abolish the Judicial Services Commission and repeal the Judicial Services Commission Act. This is the final unconstitutional step required by the Government to destroy the integrity and the independence of the Judiciary. It guarantees the future selection of a judiciary which is not independent and beholden to the Government. There appears to be no opposition to this breach of Constitutional principles.

The action of the Government against my role and the independent judiciary has meant that my resignation is the best way for me to show that the Government’s interest in independence is a highly qualified one.

I would like to sincerely thank all of the staff of the Crown Law office who continue to work professionally in difficult circumstances. They are an inspiration and fine lawyers who deserve better recognition and wider support from the community. Office of Attorney General, 30/04/10.